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Choosing the right adjudicator to decide your dispute can be one of the most important and difficult aspects of the adjudication process.
In this case, the court considered a payment of funds into court as an alternative remedy to specific performance to deliver security documentation.
In 2013, claims were issued by a number of retailers against Visa alleging that it wase guilty of restricting completion by imposing a minimum transaction fee.
The short answer appears to be yes. This answer is in light of a decision given by Coulson J at a Case Management Conference review in the TCC.
Overtime ruling a passport for higher employment costs — EAT finds that holiday pay should include overtime
The Employment Appeal Tribunal (EAT) has handed down judgment in the test case of Fulton v Bear Scotland Ltd .
The court considered the application of two clauses seeking to exclude and limit liability in the case of Polypearl Ltd v E.ON Energy Solutions Ltd.
This case has highlighted the question of whether there is a ‘gap’ in clause 20 of the FIDIC conditions where arbitration is chosen as the final method of dispute resolution.
Lord Justice Jackson gave a keynote speech at the Costs Law and Practice Conference on 30 September, making a number of comments on the progress of his reforms.
The Swiss court recently had to decide whether the parties were obligated to use the dispute adjudication board procedure prior to referring the dispute to arbitration.
A frequent question for pension lawyers is the extent to which trustees are required to give reasons for their decisions.
Because of a history of litigation between a landlord and its tenants, the landlord was justified in refusing to grant the tenants a new business lease.
In a recent case, it was the tenant of certain floors and the car park in an office building where it paid service charge calculated by deducting the annual expenditure from the gross annual expenditure.
The court has stated that a tenant’s refusal to co-operate with the covenants under her lease would be reason enough to allow her landlord to oppose her request for a new tenancy.
The case of Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd raised the idea that deeds of warranty could be construed as construction contracts.
Ensuring your rates of liquidated damages are a ‘genuine pre-estimate of loss’ is no longer enough to ensure that they will not later be held to be a penalty.
The Pensions Regulator’s financial support direction case against various companies in the Lehman Brothers group has settled.
A recent case involving two Arcadia pension schemes shows the court allowing a switch from RPI to CPI, for both past and future service.
Non-Chinese contractors are regularly encountering contracts containing arbitration clauses providing for disputes to be determined by Chinese arbitration centres.
The High Court has handed down its first judgment addressing the question of what amounts to ‘serious harm’ in the context of the Defamation Act 2013.
The number of prosecutions that the HSE takes each year as a consequence of injuries caused by inadequate guarding remains astonishing.