All articles by Tony Bingham 鈥� Page 25
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Don't be daft
When is a decision not a decision … but still counts as one? Lord Reed's answer to this riddle helps us understand when the courts can overrule adjudicators
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Running for cover
Professional companies are usually liable for their employees' breach of duty. But what if the firm goes bust and the employee is sued? Better get insured
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Well, you're no judge
Arbitration has been overshadowed lately by trendier forms of dispute resolution such as mediation. But it could make a comeback – with a change of clothes.
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Too close to call
Should an arbitrator accept evidence from an expert witness if that witness has a close personal or business relationship with the party that engages them?
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Speaking volumes
New editions of important books: the first does wonders for our understanding of dispute management; the second is a weighty tome on contract law
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Take notice
Judges have been in a right muddle over payment notices, but a recent judgment should put them – and adjudicators – back on the right path
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Nothing by halves
If an adjudicator fails to take into account part of your defence, can you get their decision overturned? Frogmore Investments found out …
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Read the small print
When it comes to insurance policies, beware of the exclusions, limitations, ifs and buts. As the lawyers well know, interpretation is nine points of the law
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It's a long story …
This is the tale of a couple who bought an old house overlooking Beachy Head – and then found that the surveyor had sold them a pup …
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On keeping stumm
Bias isn't about what you really think or feel; it's about the impression you create. So think what you want, but for heaven's sake don't do it out loud.
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Your word against mine
Tony Bingham - When is a dispute not a dispute? When you call it a matter of dissatisfaction and shoo away any adjudicators that arrive to investigate
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Get real, m'lud
Tony Bingham - John Redmond is wrong about Judge Bowsher. Adjudicating in 28 days is a job for Superman. Restricting phone calls would be like helping him with kryptonite
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The weakest link
Tony Bingham - A full frontal attack on adjudication claimed that the Construction Act went against the Human Rights Act, but there is in fact no connection between the two
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Difficult sums
Tony Bingham - If a delay leaves you temporarily out of pocket, but does not dent your profit, should you recover losses? One judge said yes, but an adjudicator might not agree …
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You're asking for it
Tony Bingham聽- Adjudicators can only do what they are asked to do, so if you don't get the wording right in the referral notice, you're likely to come unstuck
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Get off my back
Tony Bingham聽Main contractors that try to say provisions in their contract with the client should apply to subcontracts are almost always wrong. And now adjudicators can say so
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We love you
Tony Bingham - Once upon a time, relations between banks and small and medium-sized construction firms was awful. Now all that has changed, say the banks. Oh yeah?
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The profession rules, OK
Tony Bingham - The RIBA's private rules are coming under scrutiny from the Office of Fair Trading – do they exist to maintain standards or to keep out the competition?
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Holding on
Tony Bingham - An adjudicator has told you to pay money to a firm veering towards insolvency, against which you have a counterclaim outstanding. Must you pay?