Issue 274 - April 2023
Was compliance with the dispute escalation procedure a condition precedent to issuing a claim at court? Was that procedure sufficiently certain to be enforceable?
Alternative Dispute Resolution
Kajima Construction Europe (UK) Ltd & Anr v Children’s Ark Partnership Ltd
Click to download PDFChildren’s Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd & Anr
Issue 268 - October 2022
Was compliance with the dispute escalation procedure a condition precedent to issuing a claim at court? Decision affirmed on appeal: see Issue 274.
Richards & Anr v Speechly Bircham LLP & Anr
Issue 265 - July 2022
Had there been a refusal to mediate? If so, what was the consequence?
Patel & Anr v Barlows & Ors (No. 2)
Issue 247 - January 2021
Had there been a refusal to mediate? If so, would there be a costs’ penalty?
Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Aviva
Issue 240 - June 2020
Was the failure to mediate reasonable?
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