2008
- 22.10.08
A recent judgment has clarified that "winner takes all" no longer applies to recovery of costs in litigation. The formula to be used by trial judges in deciding the most appropriate costs order is now much more complicated.
- 21.10.08
And who says dispute resolution can't be fun? Watch the video to find out who was top dog!
- 10.09.08
One of the long established advantages of arbitration over the use of courts to decide disputes is that the arbitration process is private and the eventual award is confidential to the parties involved.
- 21.08.08
Anyone who litigates will be interested in what the Master of the Rolls recently had to say, namely that parties should be encouraged and perhaps directed to engage in mediation.
- 03.07.08
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
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
"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
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.
2007
- 27.11.07
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
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.
