July 2014 Archive

Dispute resolution – check your contract before rushing to law

Well drafted contracts usually contain a clause setting out how the parties should deal with disputes. These can be complex clauses requiring several hoops to be jumped through before anyone can issue a claim at court. They are intended to allow the parties to deal with the dispute well before heavy legal costs are incurred. However, the courts can be reluctant to enforce vague clauses. What of a contract that says “the Parties shall first seek to resolve the dispute or claim by friendly discussion”?

Recent developments in the area of breach of natural justice

The argument as to whether there has been a breach of natural justice in the enforcement of adjudicator’s decisions is an ongoing and developing one both at home in England and in Scotland. A recent Scottish case of Miller Construction (UK) Ltd v Building Design Partnership [2014] is a continuing example of the limited matters which may be raised in defence of an adjudication enforcement action.

The Andrew Mitchell MP case - Court of Appeal gives guidance

Aware of the growing number of cases where one party has argued that the other party has failed to comply with a court direction by the required date and that no extension to that date should be given, and the amount of court time being taken up as a result, the Court of Appeal used three test cases to clarify the law in this area and gave its judgment on these cases on 4 July 2014.
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