UK Court of Appeal rules that that courts can order parties to engage in ADR: Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
The England and Wales Court of Appeal (EWCA) has held that in certain circumstances, the courts can order parties to engage in alternative dispute resolution (ADR) or stay proceedings to allow the par...
Updated Guidance: IOD and WorkSafe release ‘Health and Safety Governance – A Good Practice Guide’
While we wait with bated breath for the outcome in the prosecution of former Ports of Auckland CEO, Tony Gibson, officers’ duties are very much at the forefront of everyone’s mind.
Section 44 of t...
Knowing your limits: High Court confirms liability caps in engineering consultancy agreements are consistent with Building Act duties
Design errors in a construction project can result in millions of dollars in loss. Standard form consultancy agreements typically limit the amount that can be recovered for such errors. The cap on...
Sender beware – how private are digital workplace conversations?
Following on from the recent Official Information Act request for correspondence between Ministry of Justice employees, employees may be wondering how private their online conversations with colleague...
The Technology and Construction Court (TCC) has confirmed the narrow parameters of the ‘slip rule’ in the UK, which allows adjudicators to amend their determination to correct for any clerical or ...
Scots rule standard notification clause was condition precedent
In a warning for contractors, a Scottish Court has ruled that a standard form notification clause was a condition precedent to recovering time-related costs (TRCs) (FES Ltd v HFD Construction Group Lt...
Anticipatory Repudiatory Breach and the Date of Default: Ayhan Sezer v Agroinvest
The decision in Ayhan Sezer v Agroinvest [2024] EWHC 479 (Comm) clarifies that where there has been an anticipatory repudiatory breach of contract, the “date of default” is the date of the breach ...