I am helping defend a legal case concerning construction work where a subcontractor did not get day work signed off etc. There are other facts too but I dont want to go into much detail. Could you please tell me what cases I should be looking at? Im finding it very hard to find cases concerning this type of law.
Alasdair Taylor's Answer
I would suggest that you instruct a lawyer to defend the case on your behalf.
There is a great deal of procedural and substantive law that can be involved in a single case, even a seemingly straighforward one. You don’t supply enough information for me to give any specific guidance.
Nor do you indicate what level of experience you have of litigation. For the purposes of this short answer, I have assumed none – apologies is this assumption is wrong.
As regards procedure, the appropriate place for research will depend upon the forum (or likely forum) in which the case will be heard. For example, if the Technology and Construction Court is the relevant forum, you could start your research by reading the Civil Procedure Rules and the guide to the court:
- http://www.justice.gov.uk/courts/procedure-rules/civil
- http://www.justice.gov.uk/courts/rcj-rolls-building/technology-and-construction-court
If the case is in contract law, then the best general guide to the substantive rules of English contract law is probably Chitty. See:
- http://www.sweetandmaxwell.co.uk/chitty/
The current edition should be available in any decent law library.
Construction law and litigation is however a specialist subject, with its own literature and law reports. See:
- http://www.lexisnexis.co.uk/store/uk/Construction-Law/productList?gclid=CMSpzOKTlLECFZMctAodh14dkA
Many of the larger UK law firms have dedicated construction litigation departments. Hence my first comment: instruct a lawyer.
