"Yule" be liable, Santa!

In an unbeatable bit of timing the Court of Appeal has just handed down a genuine finding that "Santa and his elf" were liable for injuries sustained by a grandmother who stumbled in their grotto (in a well-known London store) and injured her hip.

Changes to the Construction Act – 1st October 2011

The Local Democracy, Economic Development and Construction Act 2009 comes into force on 1 October 2011 and make some significant changes to the way in construction contracts operate under the Housing Grants, Construction and Regeneration Act 1996.

Oh No! Not that Adjudicator - he hates me!

The world of construction adjudication is a small one. It involves a relatively small number of people who find themselves working with or against each other over and over again. It is also a confrontational process done in a hurry which sometimes results in parties doing or saying things they probably would not have done or said away from the hothouse atmosphere of the adjudication or if they had been given the luxury of time to consider their actions. Consequently, is not unknown for a degree of animosity, or at least a lack of trust, to arise between individuals. That may not matter for most of the time, at least as long as you are on opposing sides. But what if your Nemesis is appointed to adjudicate in one of your cases?

Expert Witnesses’ Immunity – On its last legs? – Update

As anticipated in the previous article, the question of whether an expert giving evidence in civil proceedings is still immune from a claim for a breach of duty has now been considered by the Supreme Court.

Enforcement of Adjudications: Dredging up Uncertainty

You may already know of the peculiar nature of adjudication. As far as construction disputes are concerned, it is a method of obtaining answers to specific questions, posed to the adjudicator at the outset, within a limited timeframe (normally 28 days). The emphasis is on getting to an answer, not necessarily the correctness of that answer.

Expert Witnesses' Immunity: On Its Last Legs?

First solicitors lost their age-old protection from being sued for negligence in litigation. Then it became possible to sue your barrister if his advice was negligent. Consequently, apart from the judge himself, the only party who still has immunity from being sued in respect of their performance in connection with court proceedings is a party's expert.