All Comment articles 鈥� Page 755
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Pressure points
The line between actionable economic duress and "the rough and tumble of the pressures of normal commercial bargaining" is a thin one
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Don't be daft
When is a decision not a decision … but still counts as one? Lord Reed's answer to this riddle helps us understand when the courts can overrule adjudicators
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Only yourself to blame
Contractors rushing to avoid the problems Carillion experienced in the Blyth & Blyth case take note: pinning more liability on consultants won't work
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Out with the old
The architecture of the British tourist industry must move with the times and stop attempting to recreate an ersatz past
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Running for cover
Professional companies are usually liable for their employees' breach of duty. But what if the firm goes bust and the employee is sued? Better get insured
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Cough-up medicine
The Construction Act is really all about making sure people are paid. If money is owed and no withholding notices issued, you'd better pay up first and litigate later
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You can run, but you can't hide
Tony Bingham's suggestion of insurance is a fine idea, but while protecting many, it will leave thousands still at risk from the consequences of the Babb case
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Well, you're no judge
Arbitration has been overshadowed lately by trendier forms of dispute resolution such as mediation. But it could make a comeback – with a change of clothes.
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Desperate measures
Wholesale reform of the planning system just isn't politically deliverable – we must instead opt for a series of small changes that actually have some impact
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Will Brussels scupper the PFI?
New European ideas about public sector procurement could spell big trouble for anyone with an interest in PFI projects
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What apocalypse?
And lo, there was gnashing of teeth and a general wailing in the land when third parties gained contract rights. Here's what happened next …
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Cut and run
Sports authorities are scraping around for money to build an athletics stadium for the World Championships. Tough. The government would be crazy to fill the gap
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New wine in old champerty
Once upon a time conditional fee arrangements for court cases were unenforceable. Things are changing, but we are not yet in America
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Too close to call
Should an arbitrator accept evidence from an expert witness if that witness has a close personal or business relationship with the party that engages them?
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… and justice for all
Introducing conditional fees would be a quantum leap for the civil justice system. It'd give better access to justice – but it wouldn't be without risks, either
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Speaking volumes
New editions of important books: the first does wonders for our understanding of dispute management; the second is a weighty tome on contract law
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Peace, love and understanding
Those who already approach partnering in the right spirit will probably welcome the new NEC partnering option's emphasis on a less confrontational attitude
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Let's stay together
Ken Clarke and Iain Duncan Smith should make a deal, rather than spending the summer slugging it out with each other. Some chance …
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Regeneration: Go for it, Gordon
Homeless families, hog-tied developers and economic weakness: all are products of our sclerotic planning system. Can Gordon Brown save us?
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Emergency exit
Asking the engineer for an indemnity is not the best way out of the fix Carillion got itself into with Blyth & Blyth. But fear not – there are other ways of escaping