Insights: Douglas Simpson

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Construction Industry Council publishes Users’ Guide to Adjudication


The CIC’s free User’s Guide to Adjudication has just been republished and contains useful advice for anyone involved in adjudication. The Construction Industry Council has republished its free ‘User’s Guide to Adjudication’, updated to 2017. This replaces the 2003 version, which was popular with many in the construction industry – especially those involved in adjudication […]

Thunder in paradise: Harlequin Property v Wilkins Kennedy


A striking recent case from the Caribbean highlights the vital importance of putting formal, contractually binding payment procedures in place. At its heart, Harlequin Property v Wilkins Kennedy [2016] EWHC 3233 (TCC) was a professional negligence case – albeit one with trimmings of the absurd. The claimant, Harlequin Property, was the developer of a luxury […]

Expert evidence and construction claims

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Key points: Expert evidence is required in most construction and engineering disputes Experts will usually prepare written reports and may be cross-examined Expert evidence can determine the outcome of construction disputes There have been some recent examples of poor expert evidence performance being harmful to party’s cases Careful consideration and deliberation are always required in […]

Natural justice in adjudication


Introduction The Technology and Construction Court (TCC) recently issued a reminder that adjudication is not the ‘Wild West’ of dispute resolution. Giving judgment in Beumer v Vinci [2016] EWHC 2283 (TCC), Fraser J recapped that adjudicators must comply with the requirements of natural justice. The requirements of natural justice are commonly expressed as two separate […]

Expert witnesses: Expertise is not enough

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Poor performances by expert witnesses have been highlighted in several recent cases, so how can you ensure yours are up to the job? In construction disputes, the law is often only half the story.  The complexity of construction projects – and the issues which commonly arise – often mean that expert opinion is required to […]

Limitation and court fees – an unexpected consequence

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A recent case suggests the value of claims can be amended after limitations have expired. Digby Hebbard and Douglas Simpson explain. Given the nature of construction projects and their legacy, it is fairly common for claims arising from such projects to be tight up against expiry of limitation periods. You may have experience of this, […]