Search
Searching Content indexed under Litigation, Mediation & Arbitration by Cathy Moore ordered by Published Date Descending.
Links to Result pages
 
1  
 
Title
Country
Organisation
Author
Date
1
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
UK
22 Jul 2019
2
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
3
Termination And The Inapplicable Liquidated Damages Clause
Until the recent Court of Appeal judgment in Triple Point Technology Inc v PTT Public Company Ltd, the generally held view was that in delay cases where the contract works ...
UK
9 Apr 2019
4
Insurers: Heightened Risk Of Non-Party Costs Orders - What You Need To Know
In Various Claimants v Giambrone & Law (a firm) and others [2019], a non-party costs order has been made against insurers, even though those insurers had largely ceded control over the defence to certain insureds.
UK
26 Mar 2019
5
The Basics: Do I Really Have To Consider Mediation?
Our dispute resolution experts set out what you need to know about mediation.
UK
13 Mar 2019
6
Blowing Hot And Cold On The Jurisdiction Of An Adjudicator - Clearing The Mist?
In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC)
UK
5 Feb 2019
7
Court Of Appeal Confirms Grove Developments Limited v S&T (UK) Limited [2018] - Smash And Grab Adjudications Disappearing?
In February 2018, we reported on the important judgment in Grove Developments Limited v S&T (UK) Limited [2018].
UK
13 Nov 2018
8
No Appeal Of The Court Of Appeal Decision On Privilege In SFO V ENRC [2018] - Relief Or Disappointment?
Last week the SFO confirmed that it will not be appealing the CA judgment of 5 September 2018 which overturned the first instance decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd...
Canada
10 Oct 2018
9
When Can A Force Majeure Clause In A Contract Be Relied On?
In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification ...
UK
22 Aug 2018
10
Exclusion Clauses And The Reasonableness Test - What You Need To Know About The Latest Court Of Appeal Decisions
Pre-contract, exclusion clauses are often the subject of extensive debate, as commercially they are a key part of assessing and moderating risks. When disputes arise during performance ...
UK
13 Jul 2018
11
Supreme Court Rules That A Contractual Term That Requires Modifications To Be In Writing Is Binding
Very often a contract contains a clause which states it may only be amended in writing. Such clauses are known as "No Oral Modification" or NOM clauses.
UK
22 May 2018
12
Limiting The Contractor's Design Liability Under NEC Wording: Does It Leave You Exposed?
In the Scottish decision of SSE Generation Limited v Hochtief Solutions AG [2018], a first instance decision has been overturned in part, holding the Contractor liable under NEC2 ...
UK
15 May 2018
Links to Result pages
 
1