All articles by Nicholas Gould – Page 4

Comment

Reasons to be considered

2004-11-05T00:00:00Z

Tame made an application under Section 68 of the 1996 Arbitration Act to challenge an arbitrator’s award. More particularly, Tame sought to rely on the reasons published by the arbitrator separately from the award expressly on terms that no use should be made of them in any proceeding relating to ...

Comment

Unfair penalty

2004-10-15T00:00:00Z

NSV carried out work on the instructions of Consafe on heating, ventilation and air-conditioning equipment at a plutonium chemical waste plant at Drigg, in Cumberia. Consafe counter-claimed for liquidated damages. NSV said that liquidated damages could not be levied because they were a penalty. As the judge said, if the ...

Comment

Take cover

2004-08-06T00:00:00Z

Horbury Building Systems Limited had erected ceilings within in a cinema complex. The ceiling to one of the cinemas collapsed, and the whole complex had been closed for several weeks. Clause 4.1 of the insurance policy said that Hampden Insurance would indemnify Horbury Building Systems “in respect of … ...