The law of unintended consequences
Can a party with the benefit of third party rights under a construction contract refer a dispute to adjudication? Stuart Pemble considers the issues
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Sainsbury’s: the case that shouldn’t have been brought
Legal notes Sainsbury’s brought unsuccessful proceedings against parties that didn’t owe it contractual obligations or tortious duties of care, writes Stuart Pemble
Legal notes: misstatement judicially misstated
Negligent misstatement applies the normal rules of negligence to false statements made carelessly…
Legal notes: qualifiedly absolute
The problems resulting from the construction of foundations for 60 turbines at the Robin Rigg offshore wind farm in the Solway Firth…
Legal notes: qualifiedly absolute
What happens if a contract places the same obligation on a party in qualified as well as absolute terms? Stuart Pemble considers what duty will be owed
The curious case of the leaking concrete
When concrete leaked into one of Northumbrian Water’s sewers from a building site, it no doubt expected that it would be compensated for the damage. Stuart Pemble explains why the courts gave it an unpleasant surprise
Widening the net
Legal notes: The Court of Appeal has upheld the enforceability of a net contribution clause in an architect’s appointment. Stuart Pemble looks at the implications
Legal notes: agent provocateur
Green J’s judgment in Northampton Regional Livestock Centre Co Ltd v Cowling [2014] EWHC 30 (QB); [2014] PLSCS 30 could well become compulsory…
Do I owe a duty of care?
Stuart Pemble considers the difficulty the courts face when determining whether a professional might owe a third party a duty of care
No limitation?
A recent Court of Appeal decision has given the unsuccessful party to an adjudication the opportunity to have its dispute heard in court even though the contractual limitation period had expired
