All articles by Tony Bingham – Page 16
-
CommentIt’s a Pope thing
Pope Urban Vlll took a cavalier attitude to evidence in his dealings with Galileo, but things have moved on since – as this Court of Appeal judgment shows
-
CommentHow to be a good dog
What does an adjudicator do if a ‘litigant in person’ is up against a multinational represented by a top lawyer? Ensure that the proceedings are fair, that’s what
-
CommentAway with the fairies
The DTI thinks that, with a sprinkling of fairy dust, adjudicators can rewrite laws and be made impartial. Believe that, and you might as well believe in Tinkerbell
-
CommentDirections to Dartmoor
Two solicitors have published a document listing 47 common practices in the industry, all of which are also criminal offences. It’s a real eye opener …
-
CommentSort out your attitude
Being a member of the awkward squad can cost you, even when right is on your side. These days it pays for both sides of a dispute to co-operate with each other
-
-
CommentFor your eyes only
It is commonly believed that documents marked ‘without prejudice’ must not be read by a third party. In fact, it all depends on what they say
-
CommentShock and or
It happens all the time – a contractor thinks the spec means one thing, the client another. In this case it ended in a judge’s interpretation of the word ‘or’
-
CommentException to the rule
If you win a case against a limited company that goes bust usually you can’t pursue the owners for costs. But in this case that’s exactly what did happen …
-
CommentStop having fun
In Scotland, parties can no longer indulge in games of ambushing courts with fresh evidence. An eminently sensible idea, and one that should apply to adjudication
-
CommentPlugging away
Know a bloke who can sort your electrics? For a good price? Well, only if you don’t include the £5000 fine from your newly empowered building control officer
-
CommentHired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty
-
CommentHired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty
-
CommentChilling thoughts
The M&E engineer on a north London shopping centre paid out £1.25m after tenants complained about the draught. Then it tried to sue the architect …
-
CommentEast, west, probity’s best
In donating to the Asian tsunami appeal, generosity is tempered by cynicism over how contracts will be run. But at least the World Bank has found some answers
-
CommentLiving with The Others
Hovering above the real people doing real jobs on real site is a vast ghostly world of contract documents and legal obligations. How should the two interact?
-
CommentSome relationship advice
Dear Tony, I have been seeing a contractor for some time now, and although he says he loves me, he will not commit to a serious relationship. What should I do?
-
CommentJingle all the way
Deck the halls with boughs of holly/Here’s some advice on saving lolly/Hire yourself a new surveyor/Who’ll collect evidence against the payer …
-
CommentWho are you today?
A piece of legislation that protects ‘consumers’ against unfair treatment from ‘commercial’ types – meaning you – undermines whole basis of a building contract
-
Comment
The prongs of doom
Time and again adjudications end in failure because the courts detect bias. Here’s another case where a botched job inevitably results in a load of wasted money