All articles by Tony Bingham – Page 21
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Know your onions
Tony Bingham Here's another take on the controversial case of the architect who got sued after specifying the wrong panels, despite the client's giving false information
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CommentGet your retaliation in first
Contractual documentation fosters an atmosphere of trust and co-operation between parties in which fairness and mutual … oh, lordy, who am I kidding?
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Never trust a copper
Mr and Mrs Venables found that the water pipes in their new home were ruined, so they sued their plumber. What followed illustrated an important legal point
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CommentNot so fast, George
President Bush thinks UN resolution 1441 gives him the right to go to war if Saddam Hussein is found in material breach. Actually, it does no such thing
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Raging bull
A judge was so irate with an expert witness that he complained about him to a disciplinary tribunal – which promptly dismissed his complaints as a lot of hot air
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CommentBlair vs Hussein
A Mr Blair has accused a Mr Hussein of hiding arms. But who has the burden of proving their case? And to what standard? Think hard: you're on the tribunal
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Take this for your trouble
Can you claim for all the hassle time spent sorting out a problem caused by someone else? Well, a recent case in the Scottish courts may provide an answer
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CommentAdjudication is king
Almost five years into adjudication, are we moving away from what parliament intended the process to be? Very likely, but that's all for the good
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CommentGo whistle
You may think that recent court cases mean you can add a clever payment clause to your contract and wriggle out of the referee's award. Think again …
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John Armitt's coup
Network Rail wants to end the contract culture by taking on the role of contractor and subcontractor. Could this be the end of the line for disputes?
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Freezing points
What scope does a court have to order that an adjudicator's award to a firm in financial difficulties be paid into court? Baldwins vs Barr may tell us …
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Fog warning
If an adjudicator decides against you and orders you to cough up, you may not have to – if you can steer your way through a murky set of exceptions.
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Sauce material
Pornographic messages, Viagra ads, rampant viruses … OK, so the internet's not perfect, but it beats sifting through dusty tomes in Lincoln's Inn law library
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Keep it clean
A judge asked to enforce an adjudicator's decision may feel that the ruling is undermined by unfairness. So what dirty dealings might lead to this sticky situation?
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Shame, Brunel, shame
You'll all know that a certain Victorian engineer just missed out on "greatest Briton". But did you know he was one of the worst employers Britain has ever had?
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Ten years later …
Should you expect compensation if someone does you damage they should have foreseen? Of course. But what if it goes on for an unforeseeable length of time?
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A night on the tiles
Practising flamenco late at night in the room above mine may be your idea of fun. But if it disturbs my sleep and I take you to court, it may hurt you in the castanets
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The banality of error
How can a party to a dispute be right and yet lose? Answer: the adjudicator makes the wrong decision. Obvious, isn't it? So why is everyone so surprised?
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A landmark protocol …
The Society of Construction Law has just launched its Delay and Disruption Protocol. It's a splendid guide to solving extension of time and compensation problems
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You poor SAP
Few cases in construction have tested the 'satisfactory quality' standard of the Sale and Supply of Goods Act. Here's one, about boilers, that got a bit heated