Articles by Alex Barker

Construction adjudication update: oral contracts and Wycombe Demolition

A recent decision of the Technology and Construction Court has highlighted the increased latitude an adjudicator enjoys, now that oral contracts are within the statutory adjudication framework. In order for the adjudication provisions in Part II of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”) to apply to a contract, the agreement in […]

Does the conclusivity of a JCT Final Certificate unlawfully fetter a party’s right to adjudicate?

Where a project is governed by a JCT form of contract, the Final Certificate is intended to ensure that disputes arising after practical completion are resolved with a degree of finality and speed. The usual provision is that a party has 28 days in which to challenge the Final Certificate, once it has been issued. […]

The Importance of “Subject to Contract”: A Salutary Lesson

A recent case in the Technology and Construction Court has underlined the risk of inadvertently entering into a contract and reinforced the value of the phrase “subject to contract”. The Background The case of Malcolm Charles Contracts Limited v Crispin and Another [2014] EWHC 3898 (TCC) concerned extensive works to the Crispins’ house in Sevenoaks, […]

Mediation Update: To what extent can a judge nudge?

Judges encouraging parties to attempt to mediate their differences is certainly not a new phenomenon. However, the degree to which parties can be coerced into mediation is subject to the constant evolution of judicial guidance. This article seeks to illustrate the current state of play by bringing to light some recent developments. The Halsey guidelines […]

Flexible Working Requests – Important Changes From 30 June 2014

On 30 June 2014 the rules governing flexible working requests will be changed in the following ways: • The right to request flexible working will be extended to all employees with 26 weeks’ service • The statutory procedure which employers are currently obliged to follow when replying to a request will be replaced with an […]

Mediation Update

We report on two aspects of mediation: selecting a mediator and the perils of not responding to a mediation proposal. Selecting a mediator The selection of a mediator involves the parties agreeing on a choice of mediator. Given that the parties are in dispute, this can become a difficult and long drawn out process. If […]

Joint Ventures & Implied Fiduciary Duties

The Court of Appeal has confirmed for the first time that a joint venture arrangement can give rise to an implied fiduciary duty owed by the director of one joint venture partner to another partner. In Ross River Limited and anor v Waveley Commercial Limited and ors [2013] EWCA Civ 910, the claimants entered into […]