Dispatch - Arbitration and litigation archives

Mylcrist Builders Ltd v Mrs Buck
Issue 100 - October 2008 (click to download pdf)

Had the arbitrator been properly appointed and was the arbitration clause an unfair term and therefore unenforceable against Mrs Buck?

E.T.I Euro Telecom International NV v The Republic of Bolivia and Anr
Issue 99 - September 2008 (click to download pdf)

In an ICSID arbitration, can interim measures be sought from a national court?

T J Brent Ltd v Black & Veatch Consulting Ltd
Issue 97 - July 2008 (click to download pdf)

How should the Court apply the pre-action protocol?

Taylor Woodrow Construction v RMD Kwikform Ltd
Issue 97 - July 2008 (click to download pdf)

Was a letter from a solicitor sufficient notice to commence arbitration proceedings?

Cantor Index Ltd v Thompson
Issue 96 - June 2008 (click to download pdf)

Which of the various settlement offers had been accepted and when?

Emmott v Michael Wilson & Partners
Issue 95 - May 2008 (click to download pdf)

Can documents disclosed in an arbitration be disclosed in other proceedings?

Braes of Doune Windfarm (Scotland) Ltd v Alfred McAlpine Business Services Ltd
Issue 94 - April 2008 (click to download pdf)

Did the TCC in England have jurisdiction to consider a claim arising from an arbitration where the arbitration agreement was subject to English law but the seat of the arbitration was Glasgow, Scotland?

Orange Personal Communications Services Ltd v Hoare Lee
Issue 93 - March 2008 (click to download pdf)

What is the TCC's approach to the pre-action protocol?

Cundall Johnson & Partners LLP v Whipps University Hospital NHS Trust
Issue 89 - November 2007 (click to download pdf)

What were the consequences of failing to comply with the pre-action protocol?

C v D
Issue 92 - February 2008 (click to download pdf)

By choosing London as the seat of the arbitration, were the parties to be taken to have agreed that any proceedings to challenge the award should only be those permitted by English law?

Premium NAFTA Products Ltd & Ors v Fili Shipping Company Ltd & Ors
Issue 89 - November 2007 (click to download pdf)

What is the golden rule of the House of Lords in relation to arbitration clauses? Is there any distinction between disputes arising "under" the contract and disputes arising "out of" a contract?

Iggleden & Another v Fairview New Homes (Shooters Hill) Ltd
Issue 88 - October 2007 (click to download pdf)

How will the court choose between two conflicting remedial schemes proposed by respective experts?

London Underground Ltd v Citylink Telecommunications Ltd
Issue 87 - September 2007 (click to download pdf)

What was the TCC view of a global claim made in arbitration proceedings?

Charles Church Developments Ltd v Stent Foundations Ltd & Peter Dann Ltd
Issue 84 - June 2007 (click to download pdf)

What are the consequences of failing to comply with the pre-action protocol?

Claymore Service Ltd v Nautilus Properties Ltd
Issue 84 - June 2007 (click to download pdf)

Will a claim for interest be reduced when a claim is delayed."

A new pre-action protocol
Issue 82 - April 2007 (click to download pdf)

What changes have been made to the pre-action protocol for construction and engineering disputes?

Fiona Trust & Holding Corporation and Others v Privalov & Others
Issue 81 - March 2007 (click to download pdf)

Is there any distinction between disputes arising "under" a contract and disputes arising "out of" a contract? See also the House of Lord's decision in the Premium NAFTA case - Issue 89.

Sinclair v Woods of Winchester Ltd
Issue 79 - January 2007 (click to download pdf)

What must you demonstrate in order to appeal successfully on a question of law arising out of an arbitrator's award?

Statutory instrument 2006/1689
Issue 79 - January 2007 (click to download pdf)

What is the effect of this new SI on the question of public access to the Court documents, in particular pleadings? See also Issue 75.

Aird & Aird v Prime Meridian Ltd
Issue 76 October 2006 (click to download pdf)

Are joint expert reports prepared for mediations privileged? See issue 81 - March 2006 - For the view of the Court of Appeal.

Bryan Royle Maggs t/a BM Builders v Gas Marsh & Marsh Jewellery Co Ltd
Issue 75 September 2006 (click to download pdf)

This case considers some of the problems that can arise from oral contracts.

Associated British Ports v Hydro Soil Services NV and Others
Issue 74 - August 2006 (click to download pdf)

What is the extent of an engineer's duty to warn?

Bernuth Lines Ltd v High Seas Shipping Ltd
Issue 68 - February 2006 (click to download pdf)

Was the arbitration notice validly served by email?

City & General (Holborn) Ltd v AYH Plc
Issue 67 - January 2006 (click to download pdf)

Can separate disputes on the same project be considered in the same arbitration proceedings?

ASM Shipping Ltd of India v TTMI Ltd of England
Issue 66 - December 2005 (click to download pdf)

In what circumstances should an Arbitrator withdraw?

Surefire Systems Ltd v Guardian ECL Ltd
Issue 65 - November 2005 (click to download pdf)

In what circumstances can claims be made to the Court to overturn an Arbitrator's award?

The Wethered Estate Ltd v Davis & Others
Issue 64 - October 2005 (click to download pdf)

Here, the successful party demonstrated that it had acted reasonably in refusing to mediate.

Briggs and Forrester Electrical Ltd v Governors of Southfield School for Girls and Another
Issue 64 - October 2005 (click to download pdf)

How extensive are the disclosure obligations during the Pre-action Protocol process?

Trustees of Stokes Pension Fund Ltd v Western Power Distribution (Southwest) PLC
Issue 62 - August 2005 (click to download pdf)

Do you have to make a payment into Court when proceedings are issued in order to preserve a Part 36 Offer?

McGlinn v Waltham Contractors Ltd and Others
Issue 62 - August 2005 (click to download pdf)

Is it possible to recover the costs of dealing with matters raised in pre-action protocol proceedings which are dropped when Court proceedings are issued.

Lafarge (Aggregate) Ltd v Newham London Borough Council
Issue 62 - September 2005 (click to download pdf)

When calculating the number of "working days", can you include weekends?

Birchell v Bullard & Others
Issue 59 - May 2005 (click to download pdf)

Why was refusing to mediate in the words of the Court of Appeal, "plain nonsense"?

Amec Civil Engineering Ltd v The Secretary of State for the Transport
Issue 58 - April 2005 (click to download pdf) and
Issue 54 - Dec 2004 (click to download pdf)

What constitutes a dispute?

Schering Corporation v Cipla Ltd & Anr
Issue 57 - March 2005 (click to download pdf)

Is a document marked without prejudice always privileged?

Collins (Contractors) Ltd v Baltic Quay Management
(1994) Ltd
Issue 56 - February 2005 (click to download pdf)

Were Baltic able to stay the action brought by Collins on the basis that Baltic had no arguable defence to the claim brought pursuant to section 111 of the HGCRA?

Phillips and others v Symes and others
Issue 54 - December 2004 (click to download pdf)

In what circumstances might it be possible for a Court to make an order for costs against an expert witness?

John Doyle Construction Ltd v Laing Management (Scotland) Ltd
Issue 50 - August 2004 (click to download pdf)

In what circumstances can you make a global claim?

Amec Civil Engineering Ltd v The Secretary of State for Transport.
Issue 54 - December 2004 (click to download pdf)

What constitutes a dispute?

London Fire and Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd and Another
Issue 40 - October 2003 (click to download pdf)

Following a trial where the defendants were successful, they sought their costs on an indemnity basis. HHJ Bowsher QC said the relevant test was whether or not it was just that the onus should be on the claimant to pay the costs. The Judge ruled it was just in this case as he felt from the outset that the pleaded and supporting evidence would never have stood up.

Van Oord and ACZ Ltd and Another v The Port of Mostyn Ltd
Issue 39 - September 2003 (click to download pdf)

This case illustrates the need to take care when serving contractual notices. Whilst you should always check the contract first to see where a notice should be sent, HHJ Kirkham noted that one purpose of the contractual provisions for the service of notices is to ensure that one party knows what the other party wishes to communicate.

Re: The MV Pamphilos
Issue 29 - November 2002 (click to read issue - html)

Judge Colman had to consider an application to set aside an arbitrator's decision. The grounds of the application were that the arbitrator had made findings of fact about which he had not forewarned the parties.

Phoenix Finance Ltd v Federation International de L'Automobile and others
Issue 24 - June 2002 (click to read issue - html)

The defendant was awarded its costs on an indemnity basis because the claimant had failed to send a letter before action or give any other warning that it was contemplating proceedings.

The Royal Brompton Hospital Litigation
Issue 28 - October 2002 (click to read issue - html)

HHJ LLoyd QC provides useful guidance on the court's approach to expert evidence and the principles to be considered in deciding whether or not a party has acted negligently.

Great Future International Ltd v Sealand Housing Corporation and others
Issue 24 - June 2002 (click to read issue - html)

The Court of Appeal had to consider what the proportionate sanction ought to be for the failure to serve an expert report on time.

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