Berwin Leighton Paisner Blog

The Berwin Leighton Paisner engineering, construction and procurement group give their views on current developments and share their practical experience.

Archive for November, 2011

Don’t let the Pre-Action Protocol go

Tuesday, November 22nd, 2011

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…)

Common sense prevails in the Supreme Court: Rainy Sky

Wednesday, November 9th, 2011

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…)