The following Construction Q&A provides comprehensive and up to date legal information covering:
As noted in our News Analysis piece: In theory—CDM Regulations and novation, by Seb Oram, construction law barrister at 3PB Barristers, where as a result of a novation, the principal designer is no longer engaged directly by the client, this situation does not contravene the CDM Regulations, as long as a principal designer is appointed there is no requirement for a direct relationship between him and the client.
The view of the author is that ‘appoint’ in reg 5(1) is capable of being i
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Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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