Simon Tolson

Simon Tolson

Simon Tolson is senior partner in Fenwick Elliott

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    Justice must be seen to be done

    2018-04-10T10:44:00

    Simon Tolson explains how the updated provisions in TeCSA’s adjudication service improve transparency and impartiality

  • Simon tolson 2017 bw
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    Legal blog: Missing the point

    2017-09-29T06:00:00

    The proposed new sanctions framework for approved inspectors fails two key requirements of fairness and proportionality, by treating large and small AIs the same

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    The second post

    2017-03-30T06:00:00

    Some cases involving standby letters of credit have been reassessed by the Court of Appeal. So what clarifications of the law were made this time around?

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    Letters of the law

    2016-12-02T06:00:00

    The law on letters of credit has been upheld in two cases; banks cannot refuse to pay a demand meeting the requirements of a letter of credit unless it would involve fraud

  • Rolls Building
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    Pre-action protocol: Room for improvement?

    2016-02-11T06:00:00

    The TCC pre-action protocol is due for review – but do solicitors working in construction law think it needs major change?

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    Duty of care

    2014-07-16T06:00:00

    Beware when dealing with product liability. A recent case has shown there are times when goods are not ‘goods’ and breach is not all it seems

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    Jackson Reforms: Spare us the rod

    2014-04-04T06:00:00

    The Jackson reforms address unacceptable practices in some civil courts – none of which occurred in the TCC. So why are the same measures being imposed on construction litigation?

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    Mandatory cost budgeting: Counting the cost

    2013-09-13T06:00:00

    Construction legal experts debate the highly controversial subject of mandatory cost budgeting

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    The paperless trial

    2013-05-20T10:50:00

    Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past

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    The Building Information Modelling minefield: Bimming hell!

    2012-04-20T00:00:00

    Rightly, we’re all getting excited over Building Information Modelling, but if you don’t get your head around some of the contractual implications, things could get heated

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    Legal issues with electronic documents

    2012-02-03T00:00:00

    Lawyers are increasingly dealing with electronic documents. But for this data to have any authority, it needs to be carefully stored and managed

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    TeCSA rules! OK?

    2011-05-06T00:00:00

    With a new Construction Act on the way, adjudicators are going to have to up their game. Luckily, one nominating body has updated its rules in anticipation

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    Hold it right there

    2011-04-15T00:00:00

    A recent case shows that fraud is not the only ground upon which a call on an on-demand performance bond can be restrained by an injunction

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    Proving economic duress

    2010-11-26T00:00:00

    Some construction clients are trying to force their suppliers to drop prices. But the courts will come down hard on those who rely on illegitimate threats and financial leverage

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    Judges unleashed

    2010-05-07T00:00:00

    Simon Tolson Unlike the restrained and remote judges of the past, many now snap at the ankles of the advocates to ensure cases proceed in the way they should

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    The little Ceausescus

    2010-02-05T00:00:00

    When it comes to making changes to listed buildings, planners and conservation authorities are often unhelpful, ill-informed, and obstructive to the point of malice

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    Repugnant behaviour

    2009-09-11T00:00:00

    A recent case has shown that the more serious a breach of contract, the less likely it is that a court will accept an exclusion of liability clause

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    Thinking caps: Employer's agents

    2009-05-29T00:00:00

    When a QS acts as contract administrator, certifier, project manager and employer’s agent, it all ends up like a game of pass the hat. But some principles always apply

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    The price of darkness: Rights of light

    2009-02-06T00:00:00

    The right of light has become a hot topic in the courts, so developers who want to avoid making costly mistakes should read this illuminating article...

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    Blow that whistle

    2006-02-17T00:00:00

    How scared should you be by the news that the OFT is using undercover techniques to spy on cartels? That depends on what you've been up to …

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