All articles by Lucy Goldsmith
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CommentAndrew Mitchell MP vs News Group Newspapers Limited: Stricter approach to relief from sanctions
Sanctions were imposed on the MP due to a failure to submit cost budgets an adequate space of time before the case management hearing
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CommentUnreasonable conduct: Webb Resolutions Limited vs JV Limited t/a Shepherd Chartered Surveyors
In this case the claimant’s solicitors produced an order which failed to reflect what had been directed by the court – and their manoeuvres did not impress the judge
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CommentAdjudicator’s jurisdiction: WSP Cell Ltd vs Dalkia Utilities Services Plc
This case explores the question of whether an adjudicator has jurisdiction to determine their own jurisdiction in certain circumstances
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CommentDisclosure of expert advice: Odedra & another vs Ball & another
Bear in mind the possibility that expert advice obtained early in legal proceedings may become disclosable
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CommentPart 8 declaration declined: R&C Electrical Ltd vs Shaylor Construction Ltd
This case reaffirms the principle that in limited circumstances a party may set off against an adjudicator’s decision
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CommentGuarantees emails enforceability: Golden Ocean Group Ltd vs (1) Salgaocar Mining Industries PVT Ltd (2) Mr Anil V Salgaocar
This case showed that even informal communications such as a string of emails can constitute binding obligations
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CommentJurisdiction and stay of execution: Partner Projects Ltd vs Corinthian Nominees Ltd
This case highlighted the issue of whether an adjudicator can award interest on top of a claim, and when a stay of interest can be granted
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CommentLiability for CITB levy: CITB vs Beacon Roofing
In this case, the meaning of the contract and context were taken into account rather than the reasons for entering the contract
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CommentImpartiality of arbitrators: A and others vs 1) B 2) X
This case lead to an examination of whether an arbitrator’s impartiality was in doubt, and showed that there can be conflict during a proceedings not just at the outset
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CommentNatural justice: Hyder Consulting (UK) Ltd v Carillion Construction Ltd
In this case, the court considered whether an adjudicator’s decision should be enforced given the adjudicator’s adoption of a particular methodology
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Comment'Just and equitable': Carillion JM vs Phi Group
In this case the court considered the meaning of “same damage” and a “just and equitable” contribution under the Civil Liability (Contribution) Act 1978.