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

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

edited by Julian Bailey

Hart, 2018

  • : hbk

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Includes index

内容説明・目次

内容説明

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.

目次

PART I INTRODUCTION 1. A Judicial Career of Many Parts Julian Bailey PART II THE TECHNOLOGY AND CONSTRUCTION COURT 2. Lord Justice Jackson and the Evolution of the Technology and Construction Court Lord Justice Coulson PART III COSTS 3. The Jackson Review: Its Rationale and Objectives Lord Clarke of Stone-cum-Ebony 4. The Jackson Reforms and Technology & Construction Court Litigation Sir Antony Edwards-Stuart PART IV CONSTRUCTION ADJUDICATION 5. A Second Bite Adrian Williamson KC 6. Of Special Character Steven Walker KC 7. An Open Mind Rachael O'Hagan PART V CONSTRUCTION CONTRACTS 8. Fitness for Purpose Obligations Michael Curtis KC 9. The Legacy of Williams v Roffey: Death Knell for Consideration or Infusion of New Blood? Mindy Chen-Wishart 10. Of Chocolate Mousse and Good Faith Shy Jackson PART VI NEGLIGENCE & NUISANCE 11. Rectifying the Defects in Builders' Concurrent Liability Fiona Sinclair KC 12. Complex Structure Theory: Testing the Limits of a Builder's Liability for Economic Loss Karim Ghaly KC 13. All Care, No Responsibility - Limiting Liability for Negligence Manus McMullan KC 14. Good Neighbours? Philip Britton PART VII CONTRACT ADMINISTRATION 15. To Hold the Scales Even: The Duty of a Construction Contract Administrator Anthony Lavers PART VIII PRIVATE FINANCE INITIATIVES (PFIs) 16. PFI Problems: The Emperor Claudius and the Tiger Tails Mrs Justice Jefford DBE PART IX PERFORMANCE BONDS 17. Promises and Prejudice Richard Wilmot-Smith KC PART X TIME AND LIQUIDATED DAMAGES 18. Time Rolls On Vincent Moran KC 19. Prevention, Time-Bars and Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No 2) Doug Jones AO 20. Penalties in the Box Riaz Hussain KC

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