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53 Results

Shy Jackson
Insights
Feb 19, 2024

Effective dispute avoidance in construction and infrastructure projects

In this article, BCLP partner Shy Jackson and Aluko & Oyebode partner Ngo-Martins Okonmah are collaborating to discuss the most effective means by which to avoid disputes relating to construction and…
Insights
Feb 13, 2024

Can you smash & grab and argue about true value in the same adjudication?

In the case of Bellway Homes Limited v Surgo Construction [2024] EWHC 10 TCC, the court addressed whether it is possible to start a smash & grab adjudication but also a claim based on true value…
Insights
Nov 15, 2023

Case flags risk of unclear ADR procedure

While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear.
Insights
Nov 06, 2023

Adjudication decision rendered unenforceable due to inadmissible without prejudice material

Without prejudice is a phrase often used in communications between parties seeking to reach settlement. Whether or not communications will be regarded as without prejudice will depend on their…
Insights
Aug 10, 2023

Can liquidated damages clauses set general cap?

A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages.
Insights
Jul 05, 2023

Time Limits for Arbitral Awards: A Case Summary

In Alphamix Ltd v The District Council of Riviére Du Rampart (Mauritius) [2023] UKPC 20, an appeal from the Supreme Court of Mauritius, the UK Privy Council has allowed the appeal and upheld the…
Insights
Mar 30, 2023

The black holes of no loss arguments

In Pegasus v Ernst & Young the advice from Mr Justice Mann was that: “Whatever the metaphysician may say, the law says that the loss flowing can and should still be treated as a loss of the assignor…
This material is not comprehensive, is for informational purposes only, and is not legal advice. Your use or receipt of this material does not create an attorney-client relationship between us. If you require legal advice, you should consult an attorney regarding your particular circumstances. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This material may be “Attorney Advertising” under the ethics and professional rules of certain jurisdictions. For advertising purposes, St. Louis, Missouri, is designated BCLP’s principal office and Kathrine Dixon (kathrine.dixon@bclplaw.com) as the responsible attorney.