As is well known, the state of the law of prescription is in flux and has led to a surge in ‘protective’ proceedings. A recent case highlights the potential risk of adopting such a course, when commenced at the expense of agreed dispute resolution mechanisms.
A public consultation launched in 2016, which received over 9,000 responses, has prompted the UK Government to commit to the creation of a new offence of ‘causing serious injury by careless driving’ and to increase the maximum penalty for causing death by driving whilst under the influence of drink/drugs from 14 years to life imprisonment.
Should new contracts being let on the JCT/SBCC standard forms include COVID-19 bespoke amendments to remove any uncertainty as to which party carries the time and cost consequences of the pandemic? Construction lawyer Fraser Hopkins considers.
“We are told that this is the end” sang a Welsh band in the 1990s; whilst this is unlikely to be the case for disputes concerning the extent of design responsibilities, a recent TCC decision explores some interesting points concerning the interpretation of such obligations in construction contracts.