Simon Tolson

Simon Tolson

Simon Tolson is senior partner in Fenwick Elliott

  • Simon tolson 2017 bw
    Comment

    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

  • Simon Tolson
    Comment

    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?

  • Simon Tolson
    Comment

    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?

  • Simon Tolson
    Comment

    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

  • Rolls Building
    Comment

    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?

  • Simon Tolson
    Comment

    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

  • Comment

    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

  • Simon Tolson
    Comment

    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

  • Comment

    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

  • Simon Tolson
    Comment

    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

  • Simon Tolson
    Comment

    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

  • Simon Tolson
    Comment

    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

  • Simon Tolson
    Comment

    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

  • Rolls Building
    Comment

    Mandatory cost budgeting: Counting the cost

    2013-09-13T06:00:00

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

  • Features

    Be prepared

    2000-11-24T00:00:00

    The JCT design-and-build contract says that the valuation of a job is to be done by the contractor. This can put an unwary employer in a number of difficult and costly positions.

  • Comment

    Day of the triffids

    2001-04-20T00:00:00

    Simon Tolson - Contamination doesn't just apply to toxic chemicals. It can apply to hazardous plants and weeds that have to be removed. Worse, the contractor can end up paying

  • Comment

    Invasion of the bodysnatchers

    2001-05-25T00:00:00

    In the horrific world of name borrowing, a management contractor has to watch helplessly as its identity is taken by a works contractor and used to pursue its employer.

  • Comment

    A journey without maps

    2002-05-31T00:00:00

    The success of a project is often down to the people working on it, but clarity as to who does what, as well as organisational structure, seem to be all-important

  • Comment

    Once more unto the breach

    2002-08-16T00:00:00

    Can an employer, disgruntled because of defective work, cry breach of contract and pursue damages even if the contractor has put the defect right?

  • Comment

    Et tu, Simon?

    2003-12-12T00:00:00

    You'd think a construction lawyer embarking on his own building work would draw on his experience to ensure that he didn't end up at a well-known creek. Well …

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