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Searching Content by Michael O'Shea ordered by Published Date Descending.
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The Basics: What Does "Without Prejudice" Mean And When Do I Need To Use It?
What does it mean if a letter or email you receive is marked "without prejudice" (WP) or if the other party to the dispute proposes a without prejudice discussion?
UK
8 Jul 2019
2
Can A Company In A CVA Refer A Dispute To Adjudication?
In January 2019, we reported on the Court of Appeal judgment on the two conjoined appeals of Bresco Services Ltd v Michael J Lonsdale (Electrical) Ltd and Cannon Corporate Ltd v Primus Build Ltd.
Canada
11 Jun 2019
3
The Basics: What Do I Need To Know About Part 36 Offers To Settle?
The usual position, in commercial claims proceeding in the courts of England and Wales, is that the loser pays the legal costs of the winning party - or at least a proportion of them.
UK
27 May 2019
4
Can A Company In Liquidation Refer A Dispute To Adjudication?
The Technology and Construction Court (TCC) has delivered a significant judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2018] EWHC 2043 (TCC)
UK
24 Aug 2018
5
Can You Contract Out Of The Prevention Principle?
In the Court of Appeal (CA) decision in North Midland Building Ltd v Cyden Homes Ltd [2018], the TCC judgment at first instance has been unanimously upheld.
UK
14 Aug 2018
6
What Are The Risks Of Relying On Professional Advice Without A Contract In Place?
How safe are you relying on professional advice where there is no contract in place
UK
8 Aug 2018
7
New BIM Protocol Published - What Do You Need To Know?
The 2nd edition of the UK's only standard form Building Information Modelling (BIM) Protocol was published on 10 April 2018 following significant consultation with the construction industry...
UK
13 Apr 2018
8
The Basics: Negotiating A Contract? Misrepresentation Or Just Exaggeration?
Many things can be said when a contract is being negotiated. Some things become terms of the contract, others will be recognised as mere sales talk or harmless exaggeration.
UK
27 Mar 2018
9
A Powerful Gatekeeper - Who Should Host The Common Data Environment?
Whilst primarily arising from a dispute over contract terms and the value of the works, the decision in Trant Engineering Ltd v Mott MacDonald ltd [2017] case is of particular interest as it is the first case...
UK
27 Jul 2017
10
Can NEC3 Compensation Events Be Assessed By Reference To Actual Cost Incurred?
In 2014, the High Court and Appeal Court of Northern Ireland considered one of very few cases where an NEC3 contract was the underlying contract at the heart of the dispute.
UK
31 May 2017
11
Concurrent Or Sequential? Top Practical Tips To Minimise Delay Disputes
Concurrent delay remains a knotty issue open to various interpretations, as highlighted by the recent case of Saga Cruises BDF Ltd v Fincantieri SPA [2016].
Canada
24 Oct 2016
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