That is good news, of course. Also good news is that I have been obtaining some good results for clients here in Australia, including a couple this week. But neither in litigation. One was a result obtained by adjudication, and another by means of mediation. It has been remarked many times that litigation is an extraordinarily Continue reading
I was very pleased to see that my friend Jeremy Coggins won the Brooking prize this year with his paper ‘Levelling the Playing Field’ – A proposal for the regulation of unfair contract terms in construction contracts. It is hard to disagree with the thrust of what Jeremy suggests.
Although generally not a fan of government interference in commercial affairs, there is, it seems to me, a very strong case for some more legislation in this field, particularly since the courts appear to be becoming more weak-kneed in their use of the available legal principles to prevent abuse of power in the construction contract arena. Jeremy is kind enough in his paper to mention the contribution I made to the recent Murray review, suggesting some wording for an effective statutory ban.
Some statutory bans certainly have been effective. In particular, the bans both in the UK and in Australasia on Continue reading