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Construction Law
We provide advice at the inception of a construction project including the use of the most appropriate form of standard contract...
Environmental Law
The Contaminated Land Regulations affect anyone who is a land owner or is seeking to develop a site...
Commercial Law
The philosophy of Silver Shemmings, Solicitors is that disputes should be avoided. With that aim in mind the practice offers...
Property Law
Silver Shemmings act for property developers and property owners. We advise on commercial property acquisitions and sales...
Legal updates
Archive
Are bank charges a penalty at law and unenforceable?
In this paper the term bank charge refers to a charge levied by a bank against the account holder (the customer) for breaching the agreed overdraft limit, or for becoming overdrawn where no overdraft facility has been agreed at all (i.e. a charge for a breach of contract as opposed to a service provided by the bank). The paper reviews the position of these charges with reference to case law.
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Author: Sarah Shemmings
Will you be my expert?
A review of the new Protocol for instruction of Experts in both civil Court cases and pre-action protocols.
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Author: Sarah Shemmings
New Guidelines on the Technology and Construction Court
New guidance on the running of construction claims in the Technology and Construction Courts including the pre-action protocol process.
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Author: Sarah Shemmings
Endowment Mis-selling
Current evidence suggests that over half of all policyholders believe that their endowment policies were mis-sold, but fewer than 6% of them have made a claim so far.
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Author: Richard Silver
CARTELS & COMPETITION
A short article looking at the definition of cartel and setting out some guidance on risk management and how to minimize the risk of investigation.
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Author: Sarah Shemmings
Is it a Penalty?
Article which looks at the current law relating to penalty clauses, and when liquidated damages/genuine pre-estimates can become penalties.
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Guest Author: Peter Barnes
Don't get you kicks from Clause 66 - Possible anomalies in Clause 66 of the ICE
A review of the recent cases relating to Amec Civil Engineering Limited v Secretary of State for Transport. This case highlighted possible anomalies in Clause 66 of ICE Form of Contract.
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Guest Author: Peter Barnes
Developers liable for the costs of cleaning up contaminated land
The case of Circular Facilities (London) Ltd V. Sevenoaks District Council. Property developers held liable for the cost of clean up following the discovery of methane on a site they developed.
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Author: Sarah Shemmings
Reform of the Housing Grants and Regeneration Act 1996
Proposals from the Department of Trade & Industry to reform the payment process under the Housing Grants, Construction and Regeneration Act 1996.
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Author: Richard Silver
The Cost of Litigation
The cost of claiming against a householder for unpaid fees and who counterclaims for defective work. A review of Burchell v Bullard, Court of Appeal 8 April 2005.
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Author: Richard Silver
New Issues or old? - Can an Adjudicator accept new information?
Can an adjudicator accept new information during an adjudication. This article reviews this question in the light of William Verry (Glazing Systems) v Furlong Homes Ltd.
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Author: Richard Silver
The Date for Decision - Ritchie Brothers (PWC) Ltd v David Philip (Commercials) Ltd
The Scottish Court of Appeal has held that an Adjudicator, acting under a scheme adjudication must deliver his decision within 28 days from the date of referral if there has been no agreed extension of time.
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Author: Richard Silver
Mezzanines - who needs them?
A look at the proposal to bring mezzanine floors within planning control.
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Author: Sarah Shemmings
To be, or not to be [a contract] that is the question?
Letters of Intent and the consumer in construction claims. "Westminster Building Company Ltd v. Andrew Beckingham" TCC 20th February 2004. "Harvey Shopfitters Ltd v. ADI Ltd" [2004] 2 ALL ER 982.
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Author: Richard Silver
Always follow the terms of the Contract
Entitlement for additional works and what constitutes penalty clauses for liquidated damages. "North Sea Ventilation Ltd v. Consafe Engineering (UK) Ltd" TCC 20th july 2004.
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Author: Richard Silver
Claiming from Insurers under a Policy of Insurance
Making a claim under a Policy of Insurance for reimbursement of an agreed settlement amount in respect of a construction dispute. "Lumbermans Mutual Casualty Company v. Bovis Lend Lease Limited" KBD 5th October 2004.
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Author: Richard Silver
ICE updates its condition of contracts
A summary of the key amendments by the ICE to its standard forms of contract in relation to he dispute resolution process.
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Author: Richard Silver
Fines for breaches of Health & Safety Regulations
Calculations of fines for Health & Safety offences; scrutiny of company accounts by the courts. Comments on "R v. ESB Hotels Limited" (2005) Court of Appeal.
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Author: Sarah Shemmings
Provisions for adjudication when one party is a consumer
Commentary on "Westminster Building Company v Andrew Beckingham" Technology & Construction Court 20th February 2004. In this case the court provided guidance as to the matters to be considered when determining the application of an adjudication clause in a contract when one party is a consumer.
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Author: Richard Silver
Change of Name - Do you know who you are dealing with?
Commentary on "Rossco Civil Engineering Limited v Welsh Water Limited" Technology & Construction Court 15th July 2004 highlighting the importance of properly identifying the parties to an adjudication.
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Author: Richard Silver
Ways to obtain payment after an Adjudicator's award
Article reviewing ways to obtain payment following an Adjudicator’s award; includes enforcement through the Courts; statutory demands and winding up proceedings; negotiation and mediation.
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Author: Sarah Shemmings