Welcome to the weekly highlights from the Lexis®PSL Construction team for the week ending 8 December 2016. Top stories this week: (1) At the FIDIC annual users’ conference we learned more about the changes in the upcoming new 2017 editions; (2) The JCT Intermediate Building Contract family 2016 was released; (3) The government published a £500bn National Infrastructure and Construction Pipeline; and (4) The court refused to enforce an adjudication decision as there was doubt as to whether a contract existed (Dacy Building v IDM Properties).
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Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual
Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,
Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and
Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of
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