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04 November 2021

Supreme Court restores the normal rules for Liquidated Damages

Normally when a contractor is late, it pays LD’s from the contractual completion date to through to the earlier of termination or completion. termination. If work is still outstanding after completion, the contractor must pay the employer further damages by reference to the cost to complete. InSupreme Court restores the normal rules for Liquidated Damages Triple Point Technology vs PTT . BLM (2021) 556, UK Supreme Court Facts PTT was a commodity trader and Triple Point was a software designer. In February 2013 PTT contracted to pay Triple Point $6,900,000 to design and supply a

The FCA has stepped in to win a major test case favouring insureds’ claims on business interruption insurance

Hiscox Action Group v Arch Insurance (FCA intervening), 2021 UKSC 1 The FCA has stepped in to win a major test case favouring insureds’ claims on business interruption insurance Facts: The FCA as agreed a scheme with the leading UK insurance companies to fast-track major issues of law f or early

Liabilities on Surveyor for Home Buyers’ Survey

Hart v Large , [2021] EWCA Civ 24, [2021] All ER (D) 51 (Jan) Liabilities on Surveyor for Home Buyers’ Survey Facts: Mr and Mrs Hart bought a property in Devon which had been completely rebuilt just beforehand by the vendor. They relied upon a homebuyer’s survey costing £600 from Mr Large and paid

Not all refusals to mediate are unreasonable...

Not all refusals to mediate are unreasonable... 2021:3 Pallett v MGN , (2021) EWHC 76 (Ch) Facts The Daily Mirror (MGN) hacked into Ms Pallett’s voicemails. She sued for breach of privacy, and MGN’s solicitors proposed mediation. She insisted on waiting months until the parties had been through a

Expert witnesses’ duty to the client to avoid conflicts of interest?

"A" Company v Secretariat Consulting & Secretariat International [2021] EWCA Civ6 , Background Secretariat Consulting and Secretariat International were both members of the Secretariat Group of companies, offering litigation support services. Company A hired Secretariat Consulting to provide an

Online Mediation - the Mediator's Perspective

The Newcastle Business and Property Court Forum's Webinar on 15th January was well received, and I've uploaded the slides in handout format. Please contact me if your organisation would like an in-house webinar on this new ADR medium.

Online Mediation - the Mediator's Perspective

Impartiality v Confidentiality? – the Arbitrator’s dilemma Halliburton v Chubb, (2020) UKSC 48 and Building Law Monthly

Background Following the serious accident in the Gulf of Mexico on the Deepwater Horizon oil rig in 2010, a number of claims were brought against petrochemical companies, including Halliburton which settled several huge claims and then made an insurance claim of its own against its insurers, Chubb

Vicarious liability: Supreme Court sets new tests to determine when a person is an "employee"

Barclays Bank v Various Claimants (2020) 2 WLR 960; BLM; UKSC. Facts People applying for employment at Barclays Bank were required to pass a medical examination. Barclays arranged for the examination be carried out by a Doctor who was self-employed and carried out examinations for a fee at his home

Adjudication is a legitimate tool for Liquidators to quickly establish if a construction debt is valid and for how much, and find the net balance between conflicting claims.

Bresco v Lonsdale [2020] UKSC 25 UK Supreme Court Facts Bresco was the electrical subcontractor to Lonsdale, carrying out works at Saint James's Square London. Bresco ceased to perform its works and claimed £219,000, including damages for loss of profit. Lonsdale paid £325,000 to get the work

Major guidance on costs punishment for those who won’t mediate

DSN v Blackpool Football Club Limited (2020) EWHC 670 QB. (BAIILI)DSN v Blackpool Football Club Limited (2020) EWHC 670 QB. (BAIILI) Facts When DSN was aged 13 he attended coaching sessions at Blackpool FC run by Frank Roper, who was a volunteer assisting Blackpool FC. Roper sexually assaulted him, and many years later DSN brought a claim against the club. DSN

Adjudication goes ahead despite Covid 19

The respondent’s solicitor was self-isolating and could not attend the adjudicator’s site visit – should an injunction be granted?Millchris Developments v Waters (2020) 4WLUK 45; (2020) BLM, Jefford J. Facts Millchris Developments built a new residential property for Mr Waters. Mr Waters alleged that he had overpaid £45,000 and brought an adjudication against Millchris in March 2020. An Adjudicator was appointed who announced

Probate mediation

Earlier this year I was again entrusted with mediating a family trusts and probate dispute. These are often among the hardest to resolve, with a potent tangle of strong emotions, historic grievances, and large sums of money. Hanging over any inheritance case is always the wholly arbitrary power of

Interpreting contracts –the end of contra proferentem?

In Multiplex v Dunne CILL (2017 TCC) the High Court appeared to make redundant the adverse interpretation principle of contractual interpretation. Formerly known to lawyers as “contra proferentem”, this enabled a contracting party to rely upon ambiguities and alternative meanings in a document

Why shortage of judges could drive reform

These have been worsened by a growing reluctance among successful QC's to take the job on, as the pension terms are now much less attractive. Also, the retirement age for senior judges has been reduced from 75 to 70, which has also driven out some very competent senior judges.This has contributed to growing pressure on judicial time, and lengthening waiting lists. Before the 1996 Woolf reforms, waiting for a trial 2 or even 3 years was not uncommon, and we may be going back that way. There is little sign that the chancellor has any spare money to divert to the legal

Is litigation the highest form of gambling known to man?

You are then referred to a case or statute, or a learned article to prove it. This has probably stalled more mediations than any other procedural problem.The mediator’s challenge temptation is to get into argument, and looking partisan, or antagonistic. Another approach is to try to overcome the confidence expressed by asking “what could go wrong?”, or even “so you’re saying that your client can’t lose? Are you putting that in writing?” My favourite

Ireland's new Mediation Act

At first glance, Ireland's new Mediation Act, 2017, which came into force at the start of this year, seems to do little more than require Irish lawyers to explain mediation and its advantages to clients before commencing legal proceedings. All claimant lawyers must now file with their courtAnd if they don’t? Then the court can refuse to let the matter go forward until the Declaration has been filed. As a means of promoting ADR, this seems unlikely to have much impact – no doubt a standard form Statutory Declaration is already on every Dublin law firm’s precedent suite, and the

Read the latest news from our team

04 November 2021

Supreme Court restores the normal rules for Liquidated Damages

28 June 2021

The FCA has stepped in to win a major test case favouring insureds’ claims on business interruption insurance

03 May 2021

Liabilities on Surveyor for Home Buyers’ Survey

07 April 2021

Not all refusals to mediate are unreasonable...

03 March 2021

Expert witnesses’ duty to the client to avoid conflicts of interest?

26 January 2021

Online Mediation - the Mediator's Perspective

26 January 2021

Online Mediation - the Mediator's Perspective

21 January 2021

Impartiality v Confidentiality? – the Arbitrator’s dilemma Halliburton v Chubb, (2020) UKSC 48 and Building Law Monthly

09 August 2020

Vicarious liability: Supreme Court sets new tests to determine when a person is an "employee"

06 July 2020

Adjudication is a legitimate tool for Liquidators to quickly establish if a construction debt is valid and for how much, and find the net balance between conflicting claims.

03 July 2020

Major guidance on costs punishment for those who won’t mediate

28 June 2020

Adjudication goes ahead despite Covid 19

03 April 2019

Probate mediation

20 April 2018

Interpreting contracts –the end of contra proferentem?

01 February 2018

Why shortage of judges could drive reform

01 January 2018

Is litigation the highest form of gambling known to man?

01 December 2017

Ireland's new Mediation Act

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