Bob Maynard, partner, Berwin Leighton Paisner:

A Technology and Construction Court (TCC) working party is undertaking a review of the Pre-Action Protocol for Construction and Engineering disputes. I understand that there is support from some quarters for its abolition.

I would like to add my voice to Catherine Gelder’s blog: to stand up for the Protocol and record my support for it. I urge others to do the same.

The Protocol, in my view, performs a useful function and it would be a retrograde step to see it go. No doubt, its working could be improved. Learning from our experience so far, I think the Protocol should be amended, not abolished. (more…)

John Hughes-D’Aeth, partner, Berwin Leighton Paisner:

Keen readers of this column will recall my bafflement at the Court of Appeal’s decision in Rainy Sky SA v Kookmin Bank. An (as it seemed) routine call on an advance payment bond was denied on the basis of one word - “such“. The word had been carelessly inserted into a clause of the bond, presumably with little thought on either side as to its meaning and effect. Adopting the restrained and temperate language that is my hallmark on such occasions, I described it as “ludicrous” and defying business common sense. I even evoked the most damming insult of all - “with respect”. I concluded by wondering if the Supreme Court would be allowed the last word on the subject. (more…)