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03Sep92 UK: LEGAL - CONSEQUENCES OF SPECULATION.

The latest edition of the Construction Law Journal includes a plea from John Kendal, a partner at solicitor Allen Overy, for facts to be investigated by the courts when deciding preliminary points.Quoting the famous case of Pacific Associates v Baxter, Mr Kendal believes that non-lawyers would find the manner in which the decision was reached surprisingly theoretical.The court was asked in that case whether the engineer, when certifying payment to the contractor, owed him a duty of ...

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