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JCT and NEC go head to head

A Question Time-style discussion was held at Kings College London on 20 April to debate the relative merits of JCT and NEC contracts.

The event was chaired by Mr Justice Ramsey, the judge in charge of the Technology and Construction Court. The large audience heard a lively discussion on the differences between the contracts: specifically, the effect of the JCT and NEC provisions related to mutual trust and co-operation and good faith, why the forms are the way they are, assessment of matters during the works or upon final account, and the different approaches to completion.

Bribery Act: firms need to act now

Construction firms need to act quickly to ensure they have proper procedures in place to avoid tough penalties under the new Bribery Act 2010.

Anthony Barnfather, leading regulatory law specialist at Manchester solicitors Pannone, says the construction industry, which has already been the subject of significant regulatory action in respect of anti-competitive practices, is particularly vulnerable to investigations because of the size and number of contracts which they enter into.

Civil Partnerships v Marriage – What’s the Difference?

Following this morning’s announcement at The Supreme Court that heterosexual couples can enter into a civil partnership, Shona Young, Family Law Solicitor at Gilson Gray (pictured), explains why people may choose this instead of marriage.

The Supreme Court this morning has ruled that heterosexual couples can enter into a civil partnership, finding that the Civil Partnership Act 2004 is incompatible with the European Convention on Human Rights.

With married couples being seen by many in the gay rights lobby to enjoy a higher status than those in a civil partnership, many are asking: Why would a couple who can be legally married want to instead enter into a civil partnership?

Lawyers council caution in discount rate reforms

The Law Society has responded to the new discount rate policy, announced by the Ministry of Justice on 7 September.

The MoJ claims the reforms will make sure personal injury victims get the right compensation and could also see significant savings for the NHS – as well as for motorists through lower car insurance premiums.

Changes mean the rate would be set by reference to ‘low risk’ rather than ‘very low risk’ investments as at present, better reflecting evidence of the actual investment habits of claimants, the MoJ says.

The rate will also be reviewed at least every three years – and the expertise available to the Lord Chancellor in carrying out the reviews will be extended by the creation of a role for an independent expert panel in the process.

New 'DIY' divorce petition may lead to more adultery accusations – and a slower divorce process

A new government form that looks to 'name and shame' adulterers is set to make the process of divorce even more complicated.

That’s according to family solicitor Sally Powell (pictured), Partner at law firm Tees, who says the latest changes to the application form were meant to streamline the process, but may well have the opposite effect.

“The government has called it a user-friendly form, as it appears simple for couples to do their own “quickie online divorce”. However, we are concerned that the changes could slow down the divorce process. There’s real potential for the form to steer people towards a course of action they didn’t intend – or even expect – by naming a third party in the petition. This could slow down their divorce, and make the process even more emotionally fraught.