It ain’t necessarily so
Dispute resolution is encouraged by the courts. But, as Stuart Pemble and Miranda Whiteley explain, mediation is not appropriate in every case
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A blunted weapon
Estoppel can sometimes be an extremely handy device, but its flexibility can be curtailed in certain circumstances. Stuart Pemble investigates. Key points.
PP 2000/37
The adjudication system introduced by the Housing Grants, Construction and Regeneration Act 1996 is applicable to construction contracts concluded as of 1 May 1998.
Adjudication is thrown into the scale
The courts have taken a robust approach to the enforcement of adjudicators’ decisions. But one or two issues have yet to be decided by an appellate court.
PP 2003/16
ADR agreement likened to arbitration agreement. A and B contract on terms that they will attempt to resolve disputes through mediation or other ADR procedure.
Argue the indefensible
The courts encourage alternative dispute resolution wherever possible, but one litigant attempted to take evasive measures. Stuart Pemble investigates. Key points.
It’s the way that you do it
When is a day not a day? When it comes to the service of a claim form, and the thorny issue of when service takes place.
Are you being served?
The Court of Appeal has made it clear that the courts will be unwilling to correct defects in the service of claim forms.
Natural selection
Two recent High Court cases have resulted in apparently contradictory decisions on the nature of natural justice in adjudication. By Stuart Pemble.
Compromising position
Despite Part 36 of the CPR, normal rules relating to settlement offers remain relevant, especially if a dispute has been compromised.
