Say what you mean and mean what you say

 

 

 

 

 

A recent Court of Appeal decision over the interpretation of exclusion clauses in a contract relating to an oil drilling rig, confirms that it will concentrate on the intended meaning of the parties involved, from the words they have used, rather than relying on artificial legal arguments to interpret the clause. This follows an increasing trend for courts to support clearly worded drafting where the language used by the parties obviously expresses their intentions. Read more…

 

 

 

 

Back to basics: pre-action protocols

 

 

 

 

 

The courts have developed protocols for disputes of various kinds, including for construction disputes. The purpose of these protocols is to try and encourage the parties to settle, or at least narrow the issues in dispute, before court proceedings are commenced. The aim is to try and spare the parties the time and cost involved in court proceedings, while freeing up the court’s time. However, not all disputes are covered, for instance enforcing an adjudicator’s decision. Read more…

 

 

 

 

Acting in good faith – does it matter?

 

 

 

 

 

In the past the courts have shown an inclination to impose an obligation to act in good faith. In one case the Court held that the “...traditional English hostility towards a doctrine of good faith in the performance of contracts, to the extent that it still persists, is misplaced”. However, in a recent (July 2016) Court of Appeal judgement involving a shipping dispute, that approach has largely been rejected chiefly on the basis that invoking a general principle of ‘good faith’ would do as much ‘to undermine, as to support, the terms in which the parties have reached agreement’. Read more…

 

 

 

 

Are the costs of adjudication recoverable?

 

 

 

 

 

The general consensus has been that the adjudication-related costs a party incurs in preparing and pursuing its claim are not recoverable. However, a recent court case has led some to claim that costs are recoverable. In this case the Deputy High Court Judge dealing with it enforced the adjudicator’s decision to award the debt recovery costs in question, claimed under the Late Payment Act. This has led some commentators to suggest that it is authority for costs being recoverable in adjudication which would be completely at odds with the Construction Act. Read more…

 

 

 

 

Dates for your diary

 

 

 

 

 

Law Bytes with John  Riches, Henry Cooper Consultants Ltd

Friday  16 December 12.30 - 2pm 

Join us for mince pies and Christmas drinks for our last Law Bytes of the year. Christmas jumpers welcome!

Book your place here

 

Law Bytes 2017

Provisional dates for your diary:

Friday 20 January

Friday 17 February

Friday 17 March

All 12.30pm - 2pm

More details to follow nearer the time

 

Construction Conference 

Friday 14 October, 9.30am - 2.30pm

Our annual Construction Conference will take place at Maple House, Corporation Street, Birmingham. Join us for a morning of networking as well as hearing from excellent industry speakers.

Book your place here