A negative attitude
Bessey, James
A negative attitude - 2007 - Building 272(8476) 20 April 2007, 61(1) .
Considers why courts are not keen on hearing claims that make a negative case, for example, claiming a contract is not a construction contract. Notes that in such situations, a party wanting to prove a negative can wait for its opponent to claim a positive, although this can mean a lengthy adjudication claim. Discusses a recent case heard in Birmingham's Mercantile Court regarding the theft of goods whilst in international transit between England and Germany. In this instance the court issued a negative declaration, and the reasoning behind this decision could support a similar decision in a construction case.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
England and Wales--1543-
A negative attitude - 2007 - Building 272(8476) 20 April 2007, 61(1) .
Considers why courts are not keen on hearing claims that make a negative case, for example, claiming a contract is not a construction contract. Notes that in such situations, a party wanting to prove a negative can wait for its opponent to claim a positive, although this can mean a lengthy adjudication claim. Discusses a recent case heard in Birmingham's Mercantile Court regarding the theft of goods whilst in international transit between England and Germany. In this instance the court issued a negative declaration, and the reasoning behind this decision could support a similar decision in a construction case.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
England and Wales--1543-