The Competition Appeal Tribunal mandated a single joint expert for economic evidence in a complex case involving multiple defendants, emphasizing the principles of just and proportionate case management. The Court of Appeal upheld this decision, noting that single joint experts are not limited to low-value or uncontroversial cases.

In the case of Hackney Empire Ltd v Aviva Insurance UK Ltd, [2011] EWHC 2378 (TCC), Mr Justice Edwards-Stuart had to consider the effect of a side agreement, which varied the existing contract, on a bond.

The Plaintiff, Baker Hughes Saudi Arabia Co. Ltd ("Baker Hughes"), entered into a contract with the Defendants ("Dynamic Industries") to supply materials, products and services for an oil and gas project...

DNB Bank ASA was seeking recognition and enforcement of an English High Court order in the United Arab Emirates by bringing an action in the Dubai International Financial Centre (DIFC) Court.

Morris brought a claim for personal injuries sustained in a road traffic accident in July 2018. Negligence was not in dispute, and although Morris suffered some injuries...

A Scottish court examines whether a performance bond demand met contractual requirements when the beneficiary's written claim contained general breach descriptions, exceeded the bond's maximum amount, and was signed by someone with an unconventional title. The case explores how courts apply the "reasonable recipient" test to determine if technical imperfections in demand notices should invalidate otherwise clear claims.

One of the changes due to be introduced to the adjudication legislative regime, is to scrap the requirement that only those contracts which are in writing or at least are evidenced in writing are suitable for adjudication.

In [2024] CSOH 94, Ogilvie contested an adjudicator's £1 million decision, arguing breaches of natural justice over an interim payment application. The court upheld the adjudicator's ruling, noting Ogilvie's failure to argue effectively against ATG's course of conduct defense. Lord Sandison emphasized that Ogilvie had no grounds for a natural justice breach, reinforcing the policy of "pay now, argue later." Unreasonable defenses led to an award of indemnity costs against Ogilvie.

When negotiating construction contracts, it is often the case that either or both parties will want to exclude or limit their liability in some way. For example, consultants will frequently try to limit their liability to match their professional indemnity insurance coverage

In a dispute over FES's entitlement to loss and expense under the SBC/Q/Scot contract, the court upheld the adjudicator's decision that FES's failure to comply with the notice requirement in clause 4.21 barred their claim. Lord Carloway emphasized the clarity of the contract's wording, affirming that notice was a condition precedent for recovery.

The FIDIC Contracts Committee has issued a Guidance Note dealing with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions.

In the case of Mears Limited v Leeds City Council [2011] EWHC 40 (QB) Mr Justice Ramsey had to decide whether proceedings commenced by a disappointed tenderer had been brought out of time.

Lapp sought summary enforcement of an adjudicator's decision. Lapp had sent an application for interim payment in the sum of £120k. No payment or payless notice was served.

There is little doubt that international arbitration can be an expensive process. Against this background, on 3 November 2015, the LCIA released data on the average costs and durations of the arbitrations that it administers.

In late 2022 I had the pleasure of working with both the CLC and the NEC to produce the NEC and CLC Guidance Note for dealing with retentions in NEC3 and NEC4 construction contracts.

[2010] EWHC 3415 (TCC), Mr Justice Akenhead had to consider whether a stay should be granted under section 9 of the Arbitration Act 1996. This was essentially a matter of examining the dispute resolution provisions within the subcontract to ascertain whether the parties had, or had not, chosen arbitration.

The Institution of Civil Engineers ("ICE") has recently published a Payment Notice Dispute Adjudication Procedure (the "Procedure"). In other words, there is now a specific procedure for dealing with "smash and...

There have been a number of cases where the courts have expressed a desire to encourage parties to mediate especially where the costs of resolving the dispute are likely to be disproportionate to the amounts at stake.

Moorside Investments Ltd v DAG Construction Ltd [2007] EWHC 7795/07, which came before HHJ Wilson, serves as a useful reminder as to when statutory demands can be used to recover outstanding debt.

A Commercial Court judgment examines whether a broadly-worded settlement agreement covering multilateral interchange fee claims extends to encompass litigation brought by a company that became an associated...