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.
We helped a technology supplier with a major software licensing problem.
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.
Small and Medium Enterprises (‘SMEs’) are now able to complain to the Financial Ombudsman service about financial services.
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.
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.
We helped a technology provider to turn around a substantially delayed implementation of a major data centre / hosting contract.
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.
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.
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.