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Ep.5: Pre-action protocols, compulsory ADR and retentions

Ep.5: Pre-action protocols, compulsory ADR and retentions

FromThe Construction Briefing – A Practical Law Podcast


Ep.5: Pre-action protocols, compulsory ADR and retentions

FromThe Construction Briefing – A Practical Law Podcast

ratings:
Length:
39 minutes
Released:
Dec 29, 2021
Format:
Podcast episode

Description

In the fifth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take November's monthly bulletin and look at a number of developments.   These include several case law developments (a refusal to enforce an adjudicator's decision on that basis that it was an abuse of process; a reminder that the courts will uphold a parties' tiered dispute resolution clause and that no dispute is too large, too complicated or raised too late to be suitable for adjudication; and there is no automatic presumption that liquidated damages are unenforceable just because they provide a single rate where there is sectional completion or partial possession). Also, the Civil Justice Council's consultation on reforming existing pre-action protocols (PAPs), including the one for construction and engineering disputes; whether ADR (specifically mediation) will become compulsory; and the latest abolition of retention bill, this time sponsored by Lord Aberdare.
Released:
Dec 29, 2021
Format:
Podcast episode

Titles in the series (33)

The Construction Briefing is an alternative way of learning about key developments in construction law, with the Practical Law editorial team discussing some of the wider issues those developments raise. To give feedback or suggest topics for future episodes, please contact us: https://uk.practicallaw.thomsonreuters.com/Browse/Home/About/OurteamConstruction.