Articles

A False Friend

In a recent article (13 June 2008, page 70) Tony Bingham enthusiastically welcomed the RICS standard and short forms of contracts for appointing consultants, and the clarity of the tick-box approach as a means of identifying what quantity surveyors and others are supposed to do. However, there are matters in the conditions to the standard… Read More >

Briefing Note on the Section 75 debt and the Pensions Trust Growth

The introduction of the Occupational Pension Schemes (Employer Debt) (Amendment) etc Regulations 2008 with effect from 6 April 2008 continues to highlight potential problems with the Section 75 debt on the employer and the Growth Plan administered by the Pensions Trust. Location: UK

A Slippery Slope

A recent order by a judge for a party to reveal its insurance details has sparked concern that such information could be requested all the time. In turn, this could lead to prejudice against the party that has to reveal this information in any further negotiations. Location: UK

Cover Confidential

This article examines West London Pipeline, June 2008, where the court declined to order disclosure of insurance details – departing from a decision in 2007 (Harcourt) where disclosure was ordered and is a follow-up to our piece on the Harcourt decision in 2007. The article will be of interest to the same readers. Location: UK

Legal Review: January to June 2008

Several of the cases on which we reported in our 2007 Annual Review have been considered and, in some instances, overturned by the Court of Appeal since last December. Some cases of importance have also been decided during the first six months of this year.  We have therefore published a half-yearly Legal Review.  

The Site Waste Management Plans Regulations 2008

From 6 April 2008 all construction projects in England with a value exceeding £300,000 must produce a Site Waste Management Plan or risk incurring penalties. Location: UK

Strictly speaking

This article considers the distinction between strict and absolute liability offences, particularly in a health and safety context. Location: UK

The glass is half full, Rupert

A commentary on the benefits of adjudications and the reasons why a (comparatively small) proportion of adjudicators' decisions are challenged in the courts. Location: UK

Health and Safety Helpline

Problems on site do not restrict themselves to working hours. Even if they do you may well be concentrating on priorities such as clearing up the site and planning remedial measures. Undoubtedly you will produce an excellent response to the crisis for your client, but will you be helping yourself? Location: Ireland

Legal Review: January to December 2007