A New Year

The editorial team send their compliments to all readers. Compliments of the season, of course, and good wishes for the last (well, penultimate) year of the millennium. May your arbitrations be many and short.

One new departure is that of John Phipps as Meetings Secretary, after much quiet hard work on behalf of the Branch. He is succeeded by Derek Ross, whom we welcome to the Committee. Compliments too to our contributors; we have done well this issue. Alas, the editorial team has not been quite up to the mark at the end of 1998.

To turn News & Views into new directions, David Bailey has agreed to take over the main editorial task as from this issue. That task is the commissioning, receipt, selection and editing of copy. He will be supported by the rest of the team as usual. Please note his address on the front page.

But that is not to say that we do not need your continued support by the supply of your news and views. Indeed, we, particularly the older chaps, should be glad of at least one to join the team; two of us have been at it for five years, and feel that a change is due. A base near to Croydon is a great help, if you can spare an hour or two to help; fax or on-line is even better.

It is now seven months since the Housing Grants, Construction & Regeneration Act became law and it seems to have entered our consciousness as a resounding silence very similar to the Construction (Design & Management) Regulations ("CDM") in 1994. There seems to be enormous hype by companies, prior to the events, to convince everyone involved in the construction industry to become fully educated and informed, of the Regulations, their ins and outs and implications, which is difficult when there is no case law on which to base information. CDM is now well established with far less implications for the construction industry than first thought, or theoretically implied; indeed, sense has prevailed, led from the top by the Health and Safety Executive. Will adjudication be similar? At present, we know of only one case taken to adjudication. We are sure that it will be very useful for all members of the Chartered Institute to be up to speed with developments. We ask any members involved in adjudication to keep News & Views notified; if there is enough response, then an "Adjudication Watch" column could be provided.

See article on p.10 this issue.

Nerds and Navvies

We hear that this is the rude (unofficial, if admiring) soubriquet given by the lower courts to the newly relaunched OR's Court by the Lord Chancellor's Department, and renamed The Technology and Construction Court. Its press release reads, "This is not an exercise in relabelling" but we wonder if the new official title will catch the popular imagination. "TCC" seems more likely.

The appointment of Mr Justice Dyson to succeed Judge Esyr Lewis as the judge in charge, is thought an admirable choice; it is intended to enhance the standing of the Court (especially when it is sitting). It will continue to sit at Fetter Lane. The jurisdiction remains unchanged but experts will note that the judges now are addressed as "my Lord" although (excepting Mr Justice Dyson) they will not be High Court Judges.

[Pic: across two cols pl; fig 1

Mr Justice Dyson

Mr Justice Dyson came from the construction bar and is now returning to the field after five years sitting in the High Court. He will now spend some time in both Courts, the High Court and the TCC. He was not long getting down to it; see the Bedfordshire CC case in the Law section, p.20. He is reported as seeing advantages in having a foot in both, able to work "at the coal-face" while continuing experience at the supervisory level.