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Commercial litigation- Agreements to negotiate


Could the obligation to negotiate in good faith be enforceable?

In the recent case of Petromec Inc v Petroleo Brasileiro SA, 15 July 2005, the Court of Appeal considered the issue whether an express obligation to n...

Arbitration- Joinder of arbitration


Appointment of a single arbitrator to deal with disputes

In the recent case of City & General (Holborn) Ltd v AYH plc, 29 September 2005, the Technology and Construction Court addressed the issues of whe...

Indemnity costs


When will indemnity costs be awarded against unsuccessful party?

In the recent case of Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd, 10 October 2005, The Technology and Construction Court considered th...

Commercial Litigation ? Contract ? A Claim for Loss of Profits or Wasted Expenditure?


Can a party pursue both claims in parallel?

In the recent case of Filobake Limited (“Filobake”) v Rondo Limited (“Rondo”), CA June 2005, the Court of Appeal addressed the ...

Construction Adjudication and the Unfair Terms in Consumer Contracts Regulations 1999


A review of whether or not the U.T.C.C.R 1999 apply to a JCT Building Contract?

In the recent case of Cartwright v Fay February 2005 in Bath County Court, the Court considered the position in relation to residential occup...

Construction Adjudication ? Time Limits on Commencing Adjudication Proceedings


Is there a time limit to commence adjudication proceedings?

In the recent case of Connex South Eastern Ltd v MJ Building Services Group Plc (CA(Civ Div)) Court of Appeal (Civil Division), 1 March 2005,...

Bias and Procedural Fairness in Construction Adjudication Proceedings


A Summary of the Present Law relating to Bias and Impartiality

In the recent case of Amec Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418 96 Con. L.R. 142  the Court o...

Adjudication - Late Service of Referral Notice ? Mandatory or Directory?


What happens when you serve your Referral Notice late?

The recent case of William Verry Limited (“Verry”) v North West London Communal Mikvah (“NWLCM”) TCC, H.H.J., 11 June 2004 addressed the prev...

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