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Do liquidated damages survive termination?

Publication Date:30/03/2010

In Selby Hall and Philip Shivers v Jan Van Der Heiden, Coulson J rejected the suggestion that the defendant contractor’s liability to pay liquidated damages came to an end when its employment under the building contract was terminated as a result of its breach.

Jurisdiction challenges: Will a general reservation do?

Publication Date:22/02/2010

Those who are unfortunate enough to find themselves subject to either arbitration or adjudication proceedings know that it is far too easy to give the arbitrator/adjudicator jurisdiction to determine the dispute, even though he may not originally have had jurisdiction at the outset.

Expert Immunity: The Times They Are A-Changin’

Publication Date:19/02/2010

In most technical or complex disputes, expert evidence is required. A party’s case is often dependent on the evidence that the expert retained by that party gives. If the expert does a sudden volte face either when meeting, as ordered by the Court, with the expert retained by the other side and agreeing a joint statement or when giving evidence, it is likely that the party that retained that expert either will lose at trial. Alternatively, they may be “forced” into a settlement on terms substantially less advantageous to those that it had been originally advised that it would obtain.

RSLs and public procurement: Overview

Publication Date:12/02/2010

The EU procurement regime, implemented in the UK by the Public Contracts Regulations 2006, applies to contracts let by RSLs for works, services and supplies over particular financial thresholds. This guide is a brief explanation of what the Public Contracts Regulations 2006 mean for RSLs.

RSLs and Public Procurement: Contracts

Publication Date:07/01/2010

This Lewis Silkin inbrief contains information on Which contracts are covered?; Financial thresholds; How to value contracts; Aggregation of similar and recurrent contracts and Exemption for stand alone offices among other issues.

Peter Coulson J: He's only human

Publication Date:23/12/2009

Complying with the provisions of the Construction Act 1966

Case study - OCL Shirley Park

Publication Date:30/11/2009

Case study of the OCL Shirley Park Academy.

Why can't we stay together?

Publication Date:10/11/2009

It is usually the case that when one party serves a notice of breach, with a view to terminating the contract (if the breach is not remedied), the other party does not believe that it is in breach. As a result, it will argue that the notice is invalid and the contract cannot be terminated. James Levy is the author of this article, first published by Practical Law Company.

Discriminating features

Publication Date:29/10/2009

Do you or your tenants provide services, goods or facilities to members of the public? If so, you need to be aware of your new obligations under the Disability Discrimination Act 1995. Implementation has been phased in over several years. Most notably, disability discrimination has been unlawful in the employment field since 1996. However, in this guide, we are only concerned with your duty to make adjustments to overcome physical barriers to access that came into force on 1 October 2004.

Section 9 consent - not yet disposed with

Publication Date:02/10/2009

This guide is intended for all those working within the RSL sector dealing with the disposal of land. In particular, the guide highlights some of the most important issues surrounding the current statutory consent regime which requires Registered Social Landlords (RSLs) to secure consent from the Tenant Services Authority (TSA) in order to dispose of land.

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