The court can put the boot in, but it is not always well placed
Article Abstract:
The successful appeal against the judgment of technology and construction court Judge Seymour QC in the case of Co-operative Group (CWS) v International Computers (draft judgment, 19.12.03) is examined. The implications of the judgment being overturned by the appeal court are likely to be worrying for those who use the technology and construction courts.
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 2004
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Even with adjudication exclusion, be sure to cross out the clause
Article Abstract:
Compulsory statutory adjudication, under the 1996 Construction Act, applies to most, but not all, construction contracts. A case in point is presented which shows that there really is no way out for the consumer who finds that they have signed up to an adjudication clause, thus implying that the adjudication clause, if present should be crossed out.
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 2004
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Once bitten, the burden of proof lies with the claimant
Article Abstract:
The decision given by the Appeal Court in the case of the claimant professional golfer who was bitten by a dog owned by the defendant is discussed. The case demonstrated one of the basic principles of the law of damages that the object is to put the claimant in monetary terms in the position they would have been had they not been wronged.
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 2003
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