Articles

Articles by Ben Beaumont

Displaying 1 - 14 of 14
The change of officers and leadership is imminent. There is a division of opinion as to whether there should be physical or electronic meetings. What matters is that there should be people who are sufficiently enthusiastic to be active in branches and committees.

Some of you will be aware of the judgment of the Court of Appeal published last November. This case, Andrew Mitchell MP v News Group Newspapers [2013] EWCA Civ 1537, concerned the failure the solicitors of Andrew Mitchell to file a costs budget on time.

Ladies and gentlemen of the Adjudication Society, some of us are pleased that we have avoided the cold, frost and snow of our usual winters.

The Christmas Season is now upon us. The economy is improving so we hear, but as to whether the rumour will become reality we will have to wait and see.

The executive committee is settling in well. I am still Acting Hon Sec; any volunteers to act as Hon Sec are welcome to email me. Richard Booth has been confirmed as the member of the Committee to replace the very long serving Tim Willis as regional coordinator.

There is a (still) new executive committee. Theresa Mohammed has retired through pressure of work as honorary secretary and I am assuming that role protem; any volunteers are welcome to email me!

There is now a new executive committee for the society: Edward Quigg is senior vice-chairman, Tim Willis is junior vice-chairman and Theresa Mohammed has become honorary secretary.

The case of Price and Price v Carter [2010] EWHC 1451 TCC involved an application to seek permission to appeal under Section 69 of the Arbitration Act 1996, for an extension of time pursuant to CPR 62.9 and if granted an appeal against the award under Section 67 of the Arbitration Act 1996.

The Court of Appeal judgment, Platform Funding Ltd v Bank of Scotland Plc [2008] EWCA civil 930, [2009] WLR 1016, is a majority judgment, which appears to turn commonsense upon its head. The facts are unusual.

Seldom is it possible to respond for the call for articles for the adjudication society newsletter with such pleasure. The judgment of Mr Justice Akenhead handed out on the 27th of February 2008 is such an instance. The parties were Cantillon Limited against Urvasco Limited.

The question as to when the term Subject to Contract is effective rears its head again, this time in adjudication proceedings.

Here is another case where Multiplex, the constructor of the national stadium at Wembley, is providing assistance to the growing body of case law relevant to adjudication, Multiplex Constructions (UK) Ltd v Mott Macdonald Ltd, 10 January 2007, TCC.

In Sandhu Menswear Company Limited and Woolworths Plc (5th June 2006, as yet unreported), in the High Court in Birmingham, HHJ Frances Kirkham had to rule as to whether Woolworths were liable to the claimants for the damage caused by a fire. The fire had been caused by third parties.

The appeal by Sir Roy Meadow has hit the headlines. Has this case anything to do with the day to day life of a professional who sometimes has to give advice? In my view, yes.