IT dispute resolution alerts

  • 03.07.08 - Transfer of ownership of copyright - will an implied term suffice?

    To see what the Court of Appeal said in Meridian International Services Ltd v Richardson & Ors [2008] about the ability of a party to successfully allege an implied term read our analysis and comments on this case.

  • 21.05.08 - Expert determination: court refuses escape route from a final and binding decision

    An important decision this week in Owen Pell Limited v Bindi (London) Limited has confirmed that where parties contract to allow an expert to determine an issue, then the courts will be extremely reluctant to interfere with the expert's finding.

  • 13.05.08 - Winning and losing under Part 36

    "Beating" a Part 36 offer will not necessarily lead to a costs order in your favour as seen in Carver v BAA. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers.

  • 01.05.08 - Is that exclusion clause enforceable?

    The Court of Appeal has reversed an earlier court decision which refused to allow a party to rely on an exclusion clause contained in its standard terms of business. Read our expert analysis of the case.

  • 27.11.07 - Scoring extensions and avoiding penalties
    The decision in Steria Limited v Sigma Wireless Communications Limited provides useful guidance on whether giving written notice can ever be a condition precedent to an entitlement to an extension of time, and the form such a notice should take.
  • 01.08.07 - Recovering the cost of mediation
    Recovery of costs is always an important issue. Severe cost sanctions can be ordered by the court if a party unreasonably refuses to engage in alternative dispute resolution (ADR) processes. Mediation, as a form of ADR, has been around for some time.