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Adjudication: caught in the Act?Anyone not involved in what might be regarded as the mainstream of the construction industry (whether as a building contractor or someone who regularly employs one) would be forgiven for thinking that a dispute resolution ... Read more |
Third party rights: new law quickens proceduresIt is well established that claimants can recover damages from the insurer of a defendant. As recently passed legislation is introduced, Michael Feakes explores how it hopes to make the process quicker and easier, comparing ... Read more |
Property litigation:breaking up is hard to doIn the current market, tenants increasingly seek to exercise break clauses of over-rented and unwanted properties, but in so doing have encountered resistance from landlords. Three recent High Court and Court of Appeal decisions underline ... Read more |
Health, safety and environmental management: the cost of getting it wrongHealth, safety and environmental management is increasingly at the top of the corporate agenda. With many companies putting the environment and safety at the heart of their corporate social responsibility policy, the consequences of falling ... Read more |
Making certainty certain: the operation of settlement offers under CPR 36One of the main factors behind many settlements of civil claims is that settlement will achieve certainty for the parties. Further, the settlement of civil disputes is encouraged at every stage of the litigation (and ... Read more |
Jackson review: cost of litigation investigatedNathan Peacey (left) and Davina Watson (right) discuss Jackson LJ’s findings and his suggestions for reform to control costs, changing the civil litigation landscape to promote access to justice through new management procedures IN 2008 AMID ... Read more |
Workplace mediation: an overlooked method of dispute resolutionLord Justice Jackson, in his recent report on litigation costs (‘Review of Civil Litigation Costs: Final Report’), lamented the under-utilisation of alternative dispute resolution (ADR) – and especially mediation – in civil litigation. Increasingly, the ... Read more |
Top ten really useful cases of 2009If you want your panel solicitor to‘get off the fence’, need to know when a cause of action accrues or wondered whether the judiciary live in the 21st century, the following cases from 2009 provide ... Read more |
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