It pays to mediate

Even a winning party is at serious costs risk if it does not mediate. Fake engagement, and excuses, will not prevent costs punishment.

Major guidance on costs punishment for those who won’t mediate

Can a party safely refuse to engage with ADR if it has a really strong case?

Does a ‘wrongdoing’ employee’s motive matter?

Is the wrongful act connected to the employment so as to create vicarious liability?

Supreme Court’s tests for employee status

In the first of two landmark cases the Supreme Court set tests for who is or is not an “employee”

Fiduciary duties of expert witnesses?

Does an expert owe a duty of loyalty to the client? Time to consider reviewing professional appointment clauses to add an obligation not to act for third parties on the same dispute without consent.

Adjudication goes ahead despite COVID-19

The respondent’s solicitor was self-isolating and could not attend the adjudicator’s site visit – should an injunction be granted?

The cost of coronavirus confusion

Who carries the risk of project delays caused by the Lockdown and the mandatory changes in how we work?

UK’s OJEU replacement service confirmed

Now the government has announced that its new ‘Find a Tender’ service which will replace the current OJEU, Alison Walton, partner and procurement law specialist, explains what contracting authorities and bidders need to know.

Application of the Defective Premises Act duties to approve building inspectors

The Building Act 1984 provides for Approved Inspectors to inspect new buildings and issue certificates. Does this make them responsible for defective premises?

Crystallising Disputes

Only a dispute which has crystallised can go to adjudication – but when/how does a dispute crystallise?