F. Scott Fitzgerald, The Great Gatsby:
“And so with the sunshine and the great bursts of leaves growing on the trees, just as things grow in fast movies, I had that familiar conviction that life was beginning over again with the summer.”
Summer has finally arrived and, after all the rain over the last couple of months, it is a welcome thing, not least because we have the double bank holiday just around the corner.
Michael Mendelblat, professional support lawyer, Herbert Smith LLP:
The TCC’s pilot scheme on costs management (which is governed by Practice direction 51G) has now been in force for over six months. Rather surprisingly we have yet to see a judgment from that court relating to the workings of the pilot, although an interim report was produced by Nicholas Gould and others in February. This indicated mixed opinions of the pilot. It was recognised that the pilot had assisted with early attention to costs, but concern was expressed at the time it takes to comply with it.
David Nicholls, barrister, 11 Stone Buildings:
Earlier this week in Freetown v Assethold, the first appellate court decision clarifying when notices are deemed served under section 15 of the Party Wall etc. Act 1996 (PWA 1996) was handed down. The decision will affect any party in receipt of a party wall award who intends to appeal that award. (more…)
The answer to our subscriber’s question depends on the precise circumstances. This blog post considers the situation on a commercial property development, where works are ongoing and collateral warranties have been provided to a landlord, funder or tenant. (more…)
When Coulson J came to prepare for the second edition of his book, Coulson on Construction Adjudication (Oxford University Press, 2011), he must have realised just how far the law on natural justice had moved forward in the three years since the first edition was published (in 2007). Instead of just one chapter, the second edition now contains three chapters on natural justice, dealing in turn with general principles, bias (actual and apparent) and the right to a fair hearing (including procedural issues, oral hearings and reasons). (more…)
