What is meant by a 'global claim' or a 'total cost claim', and how do courts and arbitrators deal with such claims? John Lyden considers judicial approaches in a range of common law countries (England & Wales, Scotland, Ireland, the USA and Australia) and the details of proof which a claimant must provide for a claim to be acceptable and to lead to an award.
Under the UK system of statutory adjudication in relation to construction, it is essential, in order to attain the aims of the legislation, that scope for challenging adjudicators' decision should be limited. In his prize winning paper, Julian Bailey considers the accepted grounds of challenge to an adjudicator's decision, in order to resist enforcement proceedings in court. He argues that adjudicators should be seen as exercising power derived from statute and thus are subject to public law; and discusses the implications of this approach.
What might the plain language movement have to teach the drafters of standard form contracts and of statutes concerned with construction?
Against the background of theongoing UK SCL's studies in ethics and the formulation of the Statement ofEthical Principles, a questionnaire containing a number of ethical issues wassent to each member of the European Society of Construction Law, and theresponses collated for comparative purposes. In this p
In this SCLpaper from 1992, reprinted in memory of the author, Alan Shilston reflects onthe need for co-operation between those making a contribution to construction,the obstacles to its achievement and ways in which it can be encouraged. Aspects discussed
What light does the MelvilleDundas case (2007), the first Housing Grants, Construction andegeneration Act case to reach the House of Lords, shed on the interactionbetween contractual payment provisions, the 1996 Act and insolvency? MrJustice Akenhead analyses how the case arose, the speeches in the Lords and theimplications for the future.
This two-part paper traces the changes which led to the creation of the Judicial Appointments Commission, which started work in 2006, and its approach to its functions. Baroness Usha Prashar CBE discusses the JAC; and HH Judge Frances Kirkham, also a Commissioner, considers pathways into the judiciary and the attractions of a judicial career.
