All Legal cartoon articles
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CommentThe right to remain silent
A recent case raises the question, how long must a letter of complaint stay unanswered before a dispute is inferred?
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CommentSmoothing over the cracks
Here’s a case where homeowners took a builder to court for damages when cracks appeared in their homes. The question was how to calculate what compensation to pay
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CommentThanks for the memories …
As one current case shows, companies are getting fidgety about the sensitive information that goes out the door when employees leave to work for rivals
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CommentTwo places at once
Tony Bingham discusses what happened when the same case came before the TCC and an adjudicator. Read the full article here
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CommentBeware your own small print
Supply-only deals don’t normally go to adjudication but here’s one that did largely because neither side had a clue what the terms of the contract said
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CommentBlast from the past
A dispute over who should cough up for the costs of making good defects to a penthouse hinged on a fundamental aspect of contract law: what did the contract originally intend?
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CommentWhy the scheme works a dream
The Construction Act’s payment rules have baffled many a great mind - but all you have to do is follow the ‘Scheme’…
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CommentDisputes before payment date
Here’s a recent dispute over payment that was deemed to have crystallised even though the payment date had not been reached
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CommentWhen your ‘best’ is put to the test
Best endeavours clauses sound fair enough until the contractor finds that sticking to them could leave it out of pocket
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CommentObliterated by obsession
The amusingly acerbic judgment from a Canadian case offers a darker reminder of what happens when reason fails
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CommentThe bad side of good faith
‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them
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CommentThe antique road show
Nothing moves as slowly as the law - a dispute dating from 1991 is back in court and the arguments haven’t moved on an inch. Unlike the costs!
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CommentCareful who you trust
Your dealings with a consultant are only secret if that consultant is a solicitor or barrister - whether you like it or not
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CommentAll aboard the fair pay express!
Network Rail hnas’t had to bully firms into signing its payment charter, for the simple reason that it’s in their interest too
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CommentA little light reading …
New tomes on construction law and Scottish arbitration are well worth picking up – if your back can take it
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CommentHow to kick a can down a road
High court judges are rebelling and want to send standard final accounts disputes to the countu courts. All very well, but it would be a lot quicker to get adjudicators to hear them
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CommentDerelection and duty
Does a council have the right to step in if a building is falling down and the owner does nothing? It’s not quite that simple …
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CommentDicing with disaster
Refusing to pay an adjudicator’s award because you think it will be overturned further down the road can be a dangerous and expensive game
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CommentTakes one to know one
A negligence case against a professional often bt not always benefits from the opinion of an expert in the same field
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CommentPlaying dirty
Here’s a case that carries a warning to parties in a dispute that fighting your corner too viciously may cost you dearly in the long run