Spring 2005

Victoria Russell, in a paper prepared in response to requests from certain of our clients (both public authorities and those within the construction industry), outlines the impact of the Freedom of Information Act 2000 which came into full effect on 1 January 2005. A version of this paper was given at our Capital Projects in the Education Sector Seminar held on Tuesday 1 November 2005.  If you would like any further information or details about the Freedom of Information Act, please do not hesitate to contact Victoria.

5 November 2003

Jon Miller, in a talk given to the Institution of Electrical Engineers, provides an introduction to the general principles of English law under which the UK rail network operates. He sets out how these general principles apply specifically to the railways and, against that background, explains what can happen when something goes wrong.

Construction: Insurance issues
February 2003

In a paper given as part of the MSc/Diploma in Construction Law and Arbitration course at King's College London, Nicholas Gould provides an introduction to construction insurance. He focuses first on the fundamental principles of insurance and their general application to construction issues, then considers the type of insurance available in the construction industry. Finally, he discusses insurance under the standard building forms.
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Case law update
15 March 1999

In a construction law programme for Video TEN (The Einstein Network), Simon Tolson reviews then current case law, including the Pozzolanic Litag Ltd v Brian Hobson Associates case on expert evidence and the scope of duty owed by project manager. He also looks at the Redland Aggregates v Shepherd Hill Engineering case which considered the provisions of the Federation of Civil Engineering Contractor's subcontract form (better known as the Blue Form). It questioned whether it is possible to join main and sub contract arbitrations under the blue form and the ICE main contract and if so, how?
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Beaufort Developments (NI) Ltd v Gilbert
Ash (NI) Ltd and Others - The Demise of Crouch

Julian Critchlow highlights the importance of the Beaufort Developments case in which the House of Lords confirmed that both the courts and arbitrators had the power to open up, review and revise architects' certificates.
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The overturning of Crouch
June 1998

Tony Francis highlights the likely significance of the overturning of the Crouch decision by the House of Lords in an editorial in this issue of the Construction Industry Law Letter.
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Case law update: Change from the Official Referees to the Technology and Construction Court
November 1998

Simon Tolson looks at the change from the Official Referees to the Technology and Construction Court in a construction law programme for Video TEN (The Einstein Network). He also considers two decisions of His Honour Judge Bowsher QC. The first of these is National Heritage v Steensen Varming Mulcahy and Others, which discusses the duty of care to design a building which is buildable and supervisable and whether or not there is a duty to review that design as construction progresses. The other case - P&O Developments Ltd v The Guys and St Thomas National Health Service Trust - provides guidance on the extent to which, in subsequent proceedings, a party can adopt and rely on the facts of matters lying behind a commercial settlement.
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Understanding the negligence issues
March 2000

Richard Smellie in a paper given to the IBC conference, discusses issues which arise when claims are made for either negligence and/or nuisance following subsidence.
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