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James Clarke
Insights
Nov 15, 2023
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
Sep 11, 2023
Sep 11, 2023
RAAC – What it is and what it means
As schools prepared to reopen this September after the summer break, hundreds were informed that, due to the use of Reinforced Autoclaved Aerated Concrete (RAAC) in their buildings (and its current…
Insights
Aug 10, 2023
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
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
May 17, 2023
May 17, 2023
The Court of Appeal has dismissed an appeal by FM Conway Ltd (“Conway”) against the judgment of Eyre J in the Technology & Construction Court about the nature, scope and effect of co-insurance in the…
Insights
Feb 09, 2023
Feb 09, 2023
Without prejudice privilege – guidance from the Privy Council
Insights
May 19, 2022
May 19, 2022
Co-insurance and subrogation rights under the spotlight once more
Insights
Jul 01, 2021
Jul 01, 2021
Too much of a good thing: serial adjudication, multiple disputes and NEC
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