Why the Supreme Court is wrong on NOM
Stuart Pemble explains why he thinks that our highest court reached the incorrect decision on the enforcement of clauses prohibiting oral variation of contracts
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Arbitrators and the appearance of bias
It is a (perhaps sad) fact of life that, in addition to the awful human and environmental cost of a tragedy like the one that occurred at the Macondo Prospect in the Gulf of Mexico in April 2010, there always seems to be plenty of work for lawyers in trying to sort out the legal and financial consequences of what went wrong.
Why SAAMCO is still causing problems
One of the key legal principles which limits the damages for negligent advice has yet again made its way to the appellate courts. Stuart Pemble explains how and why
An oral contracts and adjudication concern
It can often be very difficult to prove the terms of an oral contract, which can persuade a TCC judge not to enforce an adjudicator’s award. Stuart Pemble doubts whether this is the correct approach
Construction contracts: the end of ‘smash and grab adjudications’?
In one of his final judgments before joining the Court of Appeal, Coulson J has arguably sounded the death knell for “smash and grab adjudications”. Stuart Pemble is delighted
A welcome decision on serving documents
Stuart Pemble looks at a Court of Appeal decision on service under the Party Wall etc Act, which turned on the correct legal meaning of the word “may”
Legal notes: learning lessons from Holyoake v Candy
Mark Holyoake’s dispute with the Candy brothers dominated the headlines just before Christmas. Stuart Pemble considers what legal lessons can be learned from the judgment
‘But for’ test under scrutiny in the Court of Appeal
In November, the UK’s highest court gave a welcome early Christmas present to surveyors defending claims for negligent valuation.
Legal notes: breach of contract
The idea that you must not take advantage of another’s breach of contract caused by your actions is relevant to construction negotiations. But Stuart Pemble says it is not as important as previously thought
Holyoake v Candy: the case in detail
Parties to clash in January over permission to appeal and costs.
