The following Construction practice note Produced in partnership with James Bowling of 4 Pump Court provides comprehensive and up to date legal information covering:
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.
The need for a Scott Schedule in construction cases arises because the parties’ disputes are often factually very complex. It can be confusing and time-consuming to move back and forth between the parties’ rival (and often very long) statements of case in order to compare what each of them says about a particular item. A Scott Schedule is designed to provide a single-source document setting out the rival cases.
Scott Schedules are typically used to compare the parties’ respective positions in:
final account/valuation disputes
Scott Schedules derive their name from one of the early Official Referees sitting in what is now the Technology and Construction Court (TCC).
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.