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"dispute"

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Adjudication or winding-up bankruptcy?

Adjudication and the insolvency process are not always easy companions, based as they are on very different legislation. This can be seen from the following scenario.

Major software licensing problem

We helped a technology supplier with a major software licensing problem.

Adjudication enforcement challenge before the courts once again

Generally speaking, courts take robust approach to adjudicators' decisions and tend to rubber stamp the vast majority when a successful party in an adjudication applies for a court order validating the adjudicator’s decision.

Expansion of the Financial Ombudsman Service to SMEs

Small and Medium Enterprises (‘SMEs’) are now able to complain to the Financial Ombudsman service about financial services.

Arbitration after COVID-19: Have we found a vaccine for arbitration?

The question supposes that arbitration is sick. In the case of Domestic English Arbitration, it has been ailing for some time. The Arbitration 1996 (“the Act”) is a good statute. It was meant to cure arbitration in England and Wales. It didn’t.

Costs in Trust litigation

The general principle is that a trustee has a basic right to be indemnified out of the trust fund for expense or liabilities properly incurred on behalf of the trust.

Implementation of a major data centre

We helped a technology provider to turn around a substantially delayed implementation of a major data centre / hosting contract.

A guide to adjudication – back to basics

Many of our readers will be familiar with the adjudication process. However for those not familiar, this article summarises the process, detailing its advantages and disadvantages.

How will a court look at issues of uncertainty in a contract?

Parties to a contract should always look to ensure that a contract is certain. If a contract is incomplete then it may well be found to be unenforceable. A mere agreement to agree is not binding.

The right to a view from your property

It is a long established principle in English Law, first recorded in 1610, that a land owner can not protect the view that he has from that land; the rationale is that it would unduly limit the freedom to build on one's own land and thereby hinder beneficial development.