Construction law, costs, and contemporary developments : drawing the threads together : a festschrift for Lord Justice Jackson

Présentation de l'éditeur : "Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court." Preface Contents Table of Cases Table of Statutes, Treaties and Regulations List of Contributors PART I: INTRODUCTION 1. A Judicial Career of Many Parts I. Introduction II. School Days III. University and Early Days at the Bar IV. Development at the Bar V. Jackson & Powell VI. The Woolf Review VII. Judicial Career VIII. Civil Litigation Costs Reviews IX. The Development of Construction Law X. Other Contributions XI. Drawing the Threads Together PART II: THE TECHNOLOGY AND CONSTRUCTION COURT 2. Lord Justice Jackson and the Evolution of the Technology and Construction Court I. Introduction II. The Dark Ages III. Getting to Grips with a Failing Court IV. What Rupert did Next V. Conclusions PART III: COSTS 3. The Jackson Review: Its Rationale and Objectives I. Introduction II. The Review III. The Aftermath IV. Lord Justice Jackson’s Harbour Lecture 2015 V. Lord Dyson MR’s Harbour Lecture 4. The Jackson Reforms and Technology & Construction Court Litigation I. A Brief History of the Technology and Construction Court II. The Need for the Jackson Reforms in the TCC III. The Jackson Reforms and their Impact on the TCC IV. Conclusions PART IV: CONSTRUCTION ADJUDICATION 5. A Second Bite I. Introduction II. The Legislative Framework III. Natural Justice and Quietfield IV. Interim and Final Payments V. Conclusions 6. Of Special Character I. Introduction II. Background III. The Enforcement of Adjudicators’ Decisions IV. The Meaning of a Dispute: Amec Civil Engineering Limited v Secretary of State for Transport V. Natural Justice: Carillion Construction Limited v Devonport Royal Dockyard VI. Forum Shopping VII. Possible Reforms VIII. Conclusion 7. An Open Mind I. Introduction II. What is Bias? III. Lanes v Galliford Try IV. Where Are We Now? V. Conclusions PART V: CONSTRUCTION CONTRACTS 8. Fitness for Purpose Obligations I. Introduction II. The Cases III. Conclusion 9. The Legacy of Williams v Roffey: Death Knell for Consideration or Infusion of New Blood? I. Introduction II. Williams v Roffey III. Why Should Increasing Pacts be Enforceable? IV. What does ‘Practical Benefit’ Mean? V. Mwb v Rock 10. Of Chocolate Mousse and Good Faith I. Introduction II. Background to Good Faith III. The Facts in Mid Essex and the First Instance Decision IV. The Court of Appeal Decision V. The Position Post Mid Essex VI. Yam Seng and the Implication of Good Faith Terms VII. Good Faith in Other Jurisdictions VIII. Conclusions on Good Faith PART VI: NEGLIGENCE & NUISANCE 11. Rectifying the Defects in Builders’ Concurrent Liability I. Introduction II. The Controversy III. The Court of Appeal in Robinson IV. The Wider Problem V. Where We Are Now VI. The Way Ahead 12. Complex Structure Theory: Testing the Limits of a Builder’s Liability for Economic Loss I. Introduction II. Background III. Dutton and Anns - Liability Extended to the Wrong Defendant IV. ‘Complex Structure Theory’ or ‘A Forlorn Attempt to Justify Anns’ V. What Remains of the Complex Structure Theory? 13. All Care, No Responsibility - Limiting Liability for Negligence I. Persimmon Homes Ltd v Ove Arup & Partners Ltd II. Greenwich Millennium Village Ltd v Essex Services Group Plc 14. Good Neighbours? I. Introduction II. Motor Sports, Noise and Nuisance: Coventry v Lawrence III. Leases, Gas Pipes, Trespass and Nuisance: Yeung v Potel IV. A Garden Shed, Trespass and Remedies: Rashid v Sharif V. Conclusions PART VII: CONTRACT ADMINISTRATION 15. To Hold the Scales Even: The Duty of a Construction Contract Administrator I. Introduction II. The Role of the CA in a Construction/Engineering Contract III. Acting for the Employer versus Holding the Scales Even: The Early Cases IV. Sutcliffe v Thackrah and the Removal of Immunity V. Potential Liability to Other Parties VI. Obligations of the CA Beyond Reasonable Care and Skill VII. The Contribution of the Technology and Construction Court VIII. Conclusion PART VIII: PRIVATE FINANCE INITIATIVES (PFIs) 16. PFI Problems: The Emperor Claudius and the Tiger Tails I. Introduction II. Round One III. Round Two IV. Round Three V. The End Game PART IX: PERFORMANCE BONDS 17. Promises and Prejudice I. Introduction II. The Structure of Rupert Jackson’s Judgments III. History of the Archaic Language of Bonds IV. Legal Background to Aviva V. Rupert Jackson QC and The Mercers Case VI. The Aviva Case and Lord Justice Jackson’s Judgment PART X: TIME AND LIQUIDATED DAMAGES 18. Time Rolls On I. Introduction II. The Decision of the Court of Appeal III. Analysis IV. Chestermount V. Causation and Extension of Time Provisions VI. Conclusions 19. Prevention, Time-Bars and Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No 2) I. Introduction II. The Foundations - An Overview of the Prevention Principle III. A Fork in the Road – ‘Gaymark v Multiplex’ IV. A Change in Direction - Returning to First Principles V. Parties’ Intentions and Risk Allocation VI. Certainty in Contractual Relationships VII. Embarking on a Future Journey? VIII. Conclusion 20. Penalties in the Box I. Introduction II. The Background III. The Rule Against Penalties IV. The Evidence and Findings V. Cavendish and the Way Forward on Penalties - Whither the Dunedin Principles? VI. Conclusion Index Présentation de l'éditeur : "Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court." "Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court."--Bloomsbury Publishing