Lucy Goldsmith
- Comment
Andrew Mitchell MP vs 好色先生TV Group 好色先生TVpapers Limited: Stricter approach to relief from sanctions
Sanctions were imposed on the MP due to a failure to submit cost budgets an adequate space of time before the case management hearing
- Comment
Unreasonable conduct: Webb Resolutions Limited vs JV Limited t/a Shepherd Chartered Surveyors
In this case the claimant鈥檚 solicitors produced an order which failed to reflect what had been directed by the court 鈥 and their manoeuvres did not impress the judge
- Comment
Adjudicator鈥檚 jurisdiction: WSP Cell Ltd vs Dalkia Utilities Services Plc
This case explores the question of whether an adjudicator has jurisdiction to determine their own jurisdiction in certain circumstances
- Comment
Disclosure of expert advice: Odedra & another vs Ball & another
Bear in mind the possibility that expert advice obtained early in legal proceedings may become disclosable
- Comment
Part 8 declaration declined: R&C Electrical Ltd vs Shaylor Construction Ltd
This case reaffirms the principle that in limited circumstances a party may set off against an adjudicator鈥檚 decision
- Comment
Guarantees emails enforceability: Golden Ocean Group Ltd vs (1) Salgaocar Mining Industries PVT Ltd (2) Mr Anil V Salgaocar
This case showed that even informal communications such as a string of emails can constitute binding obligations
- Comment
Jurisdiction and stay of execution: Partner Projects Ltd vs Corinthian Nominees Ltd
This case highlighted the issue of whether an adjudicator can award interest on top of a claim, and when a stay of interest can be granted
- Comment
Liability for CITB levy: CITB vs Beacon Roofing
In this case, the meaning of the contract and context were taken into account rather than the reasons for entering the contract
- Comment
Impartiality of arbitrators: A and others vs 1) B 2) X
This case lead to an examination of whether an arbitrator鈥檚 impartiality was in doubt, and showed that there can be conflict during a proceedings not just at the outset
- Comment
Natural justice: Hyder Consulting (UK) Ltd v Carillion Construction Ltd
In this case, the court considered whether an adjudicator鈥檚 decision should be enforced given the adjudicator鈥檚 adoption of a particular methodology
- Comment
'Just and equitable': Carillion JM vs Phi Group
In this case the court considered the meaning of 鈥渟ame damage鈥 and a 鈥渏ust and equitable鈥 contribution under the Civil Liability (Contribution) Act 1978.