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What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally...
Time of the essence—construction contractsWhat does time of the essence mean?Where time is 'of the essence' it means that the stated time for...
Product liability insurance for the construction industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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