Tony Bingham

Tony Bingham

Tony Bingham is an arbitrator, adjudicator, mediator and barrister. Each of those involves dispute management, decision making, and dispute resolution. As well as that, he is a writer, commentator and lecturer.

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    Legal blog: When things go phut

    2018-02-08T06:30:00

    With the Construction Act up for review, it’s the perfect moment to add a key item from Latham’s wish list that got left out last time: compulsory project bank accounts. Tony Bingham explains

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    Legal: Dissecting delay

    2018-01-25T06:30:00

    Tony Bingham recommends two new books for 2018. Both deal with delay and disruption in construction, but in very different ways

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    Curb your enthusiasm

    2016-06-03T06:00:00

    If the expert witness you commission comes up with something not entirely to your liking, you might be tempted to shop around for another one. But the court won’t like it

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    Legal blog: Grenfell - what went wrong?

    2017-10-19T12:19:00

    Last month Tony Bingham went to Grenfell Tower to see the aftermath of the tragedy for himself; here, he looks at the scope of the inquiry and what it might tell us about the way we procure buildings

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    And about time too

    2017-11-16T05:00:00

    The review of the Construction Act is more than welcome to Tony Bingham, who can hardly wait to see an end to the misapplication of 28-day adjudication as a dispute resolution process

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    Legal blog: The inquisitor's little helpers

    2017-12-14T07:00:00

    In Severfield vs Duro Felguera, the defendant refused to come to court. The judge’s response holds useful guidance

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    Court isn’t all it’s cracked up to be

    2010-05-21T00:00:00

    The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes – so why not adopt adjudication?

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    The foundations of a good decision

    2010-05-28T00:00:00

    From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson

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    Page turners: Society of Construction Law essay prize

    2010-06-25T00:00:00

    The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads

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    Losing the argument but getting your way: Ultimate victory

    2010-07-16T00:00:00

    Anglian Water’s dispute with Laing O’Rourke over the NEC’s adjudication rules illustrates a peculiarity of legal disputes: you can lose all kinds of arguments and still get your way

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    Procedure costs: Please translate

    2011-03-11T00:00:00

    If a judge wants a specific document prior to trial that one party has never heard of, you’d expect someone to ask for clarification. Not in this, unnecessarily expensive, case

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    Could we just add a staircase here, perhaps?

    2012-08-03T00:00:00

    The Giles Mackay case shows the folly of using a lump-sum contract on a project where the amateur client, inspired by House & Garden, wants a hand in the design…

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    Doing without lawyers

    2013-04-12T00:00:00

    More people than ever are choosing to conduct their own construction case without using a lawyer. Fine, but it calls for a more hands-on approach from the referee

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    Adjudication: Pick on someone your own size

    2014-03-06T16:45:00

    Some parties will go to great lengths – even so far as bullying the poor adjudicator – to get an adjudication stopped. Better by far is to go straight to the judge and argue your case

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    The Scottish enlightenment: Expert determination vs arbitration

    2010-01-15T00:00:00

    What’s the difference between expert determination and arbitration? Is there a difference? Yes there is, and a Caledonian court spelled it out

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    Get lost, creep: Adjudication

    2010-01-22T00:00:00

    A dispute is never just about the thing that it’s about. All kinds of interlopers try to get in on the action, and it can make adjudication impossible. As the following case shows …

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    Going the distance: Relevant information

    2010-01-29T00:00:00

    Here’s a tale of two sisters who got into a row with their builder, followed by five adjudications and a court case that established some useful case law

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    A cock and ball story

    2010-02-05T00:00:00

    Tony Bingham If your little mistake turns out to be a massive mistake because of my little mistake, can you be made to pay the whole of the bill? Over to the Court of Appeal …

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    The revenge of Judy Veakins

    2010-02-12T00:00:00

    A company’s liability for harassment or bullying by one of its managers was brought to attention by a recent case. Tony Bingham sums up the facts …

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    Milking it: Safeway and the OFT

    2010-02-19T00:00:00

    When Safeway was fined by the OFT, it tried to claim its money back from the employees it thought had caused the problems. Might construction companies follow suit?

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