Robert Akenhead

Robert Akenhead

Sir Robert Akenhead is an arbitrator, mediator, DRB member and adjudicator at Atkin Chambers. From 2010–2013 he was judge in charge of the Technology and Construction Court. He was assisted in this article by Christopher Reid, of Atkin Chambers

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    A question of liability

    2021-07-26T05:00:00

    The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Robert Akenhead

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    A case of judicial intervention in public procurement

    2021-01-21T05:00:00

    Sir Robert Akenhead examines a recent ruling that helps identify the limits to the court’s readiness to intervene in public procurement processes

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    The offsite trap: modular methods and contract law

    2020-06-02T05:00:00

    With modular building methods, the question is: when are construction operations not ‘construction operations’?

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    Adjudication and insolvency

    2019-10-31T06:00:00

    How does a court decide whether to uphold an adjudication enforcement for a company at risk of insolvency?

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    Legal: A contract means what it says

    2019-08-22T05:00:00

    Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs

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    Does not using a lawyer make you a litigant in person?

    2019-02-28T06:00:00

    To what extent may a company without legal representatives be treated as a litigant in person?

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    A country manor house conspiracy

    2018-11-01T08:42:00

    Shenanigans by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies

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    Legal: Agreed in principle

    2018-08-24T06:00:00

    When is a contract a contract, asks Robert Akenhead – is it when a notional agreement is agreed, or does it need to be more formal?

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    Legal: Careless talk can cost cases

    2018-05-24T06:00:00

    Robert Akenhead highlights the dangers of a private conversation between one party in a case and the judge, arbitrator or adjudicator

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    Legal: Not quite the last word

    2018-02-07T06:30:00

    Robert Akenhead explains why final isn’t always final – so make sure your contract’s finality provisions are clear and explicit

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    The end of the affair?

    2017-09-22T12:17:00

    Robert Akenhead returns with a column highlighting a recent inventive use of debt recovery legislation to recoup the costs of an adjudication

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    Debts in paradise

    2017-03-23T06:00:00

    A Caribbean case - marked by carelessness and potential illegality - highlights how horribly wrong a construction project can go. It also shows the specialist expertise of the TCC

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    Partial failure is not good enough

    2016-11-14T18:05:00

    An interesting case sees total failure of consideration used as a means of defence. But can some performance be disregarded and total failure still exist?

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    Total cost: A global view

    2016-06-07T14:54:00

    Akenhead returns to Building with a column on a recent case which examined the issue of ‘total cost’ or ‘global’ claims

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    The TCC's new home: Roll with the times

    2011-10-14T00:00:00

    The Technology and Construction Court is an increasingly valuable resource and area of expertise. Its new home reflects this and helps it perform on the world stage

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    Judges: So very PC

    2011-07-08T00:00:00

    Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts

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    What’s so great about the TCC?

    2010-09-03T00:00:00

    The principal arena for construction dispute settlement has become a major force in the English legal system

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    What’s fair is fair

    2007-01-12T00:00:00

    If you follow the gold rush to Dubai, what are your chances of surviving a contractual dispute with the client? Well, about the same as in Dorking ...

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    Courtly love

    2006-05-19T00:00:00

    The furore surrounding Multiplex vs Cleveland Bridge has thrown the spotlight on the TCC, which after a bad patch is now winning the hearts of litigants

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    Er, who?

    2005-05-20T00:00:00

    Getting a name wrong is embarrassing, but if it happens when issuing a writ on a firm it can be more serious. Luckily the courts take a common-sense view

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