Show Notes
Podcast No.13 in the CMS Building Voices series considers a recent decision of the Scottish Courts, in which enforcement of an Adjudicator’s decision was successfully resisted on grounds of material breach of natural justice. In the matter of Van Oord UK Limited v Dragados UK Limited, the Court of Session refused enforcement on grounds that the Adjudicator’s decision had materially departed from the parties’ submissions and consequently deprived Dragados of an argument that could have altered the outcome. While considering why Dragados was able to successfully resist enforcement on this occasion, the podcast also serves as a healthy reminder that courts are typically reluctant to do so. To read more about the decision, please see the judgment here and our recent article here.
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A new duty on employers to take reasonable steps to prevent sexual harassment in the workplace including harassment by third parties, came into force on 26 October 2024. While sexual harassment can happen in any workplace, there are factors specific to the construction sector (including onsite working and frequent interactions with contractors) which mean that there are multiple sexual harassment hotspots which can be difficult to manage in practice. During this podcast CMS employment partner Catriona Aldridge speaks to Lucy Kendall from Laing O’Rourke about the measures Laing O’Rourke has brought into place in anticipation and in response to the new legislation. The podcast covers:
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In this episode, our experts take a look at execution formalities for deeds concerning construction documents and the possible challenges that might arise from something that seems like a mere formality but which parties often get wrong, leading to serious consequences down the line. We also discuss the execution issues from both a drafting and disputes perspective, and cover: What execution formalities are and what the legal requirements are for executing a deed The different methods of executing a contract or deed by a company in England and Wales How electronic execution works (and some of the issues that can arise) What happens when contracts are not properly executed Catch up on previous episodes: Building Voices | ICE Disputes | Podcast Series | CMS United Kingdom