Publication Date:05/05/2010
The “without prejudice” rule provides that a statement made in a genuine attempt to settle a dispute cannot be put before the Court as evidence of an admission against the interests of the party making it.
Publication Date:22/02/2010
Those who are unfortunate enough to find themselves subject to either arbitration or adjudication proceedings know that it is far too easy to give the arbitrator/adjudicator jurisdiction to determine the dispute, even though he may not originally have had jurisdiction at the outset.
Publication Date:19/02/2010
In most technical or complex disputes, expert evidence is required. A party’s case is often dependent on the evidence that the expert retained by that party gives. If the expert does a sudden volte face either when meeting, as ordered by the Court, with the expert retained by the other side and agreeing a joint statement or when giving evidence, it is likely that the party that retained that expert either will lose at trial. Alternatively, they may be “forced” into a settlement on terms substantially less advantageous to those that it had been originally advised that it would obtain.
Publication Date:20/08/2009
Some years ago, when arbitration was all the rage, it was considered important to ensure that the arbitration tribunal had the power to open up, review and revise certificates issued by, what was then almost always, the architect.
Publication Date:18/08/2009
When is final, conclusive and binding, not so final, conclusive or binding?
Publication Date:20/07/2009
Enote by Owen Williams
Publication Date:17/07/2009
This Lewis Silkin inbrief contains information on:- Resolving differences without tears- What is it?- Who are the mediators?- Why do it?- How does it work?- How to prepare- Do I have to mediate?