Lucy Goldsmith
CommentAndrew Mitchell MP vs News Group Newspapers Limited: Stricter approach to relief from sanctions
Sanctions were imposed on the MP due to a failure to submit cost budgets an adequate space of time before the case management hearing
CommentUnreasonable conduct: Webb Resolutions Limited vs JV Limited t/a Shepherd Chartered Surveyors
In this case the claimant鈥檚 solicitors produced an order which failed to reflect what had been directed by the court 鈥� and their manoeuvres did not impress the judge
CommentAdjudicator鈥檚 jurisdiction: WSP Cell Ltd vs Dalkia Utilities Services Plc
This case explores the question of whether an adjudicator has jurisdiction to determine their own jurisdiction in certain circumstances
CommentDisclosure of expert advice: Odedra & another vs Ball & another
Bear in mind the possibility that expert advice obtained early in legal proceedings may become disclosable
CommentPart 8 declaration declined: R&C Electrical Ltd vs Shaylor Construction Ltd
This case reaffirms the principle that in limited circumstances a party may set off against an adjudicator鈥檚 decision
CommentGuarantees emails enforceability: Golden Ocean Group Ltd vs (1) Salgaocar Mining Industries PVT Ltd (2) Mr Anil V Salgaocar
This case showed that even informal communications such as a string of emails can constitute binding obligations
CommentJurisdiction and stay of execution: Partner Projects Ltd vs Corinthian Nominees Ltd
This case highlighted the issue of whether an adjudicator can award interest on top of a claim, and when a stay of interest can be granted
CommentLiability for CITB levy: CITB vs Beacon Roofing
In this case, the meaning of the contract and context were taken into account rather than the reasons for entering the contract
CommentImpartiality of arbitrators: A and others vs 1) B 2) X
This case lead to an examination of whether an arbitrator鈥檚 impartiality was in doubt, and showed that there can be conflict during a proceedings not just at the outset
CommentNatural justice: Hyder Consulting (UK) Ltd v Carillion Construction Ltd
In this case, the court considered whether an adjudicator鈥檚 decision should be enforced given the adjudicator鈥檚 adoption of a particular methodology
Comment'Just and equitable': Carillion JM vs Phi Group
In this case the court considered the meaning of 鈥渟ame damage鈥� and a 鈥渏ust and equitable鈥� contribution under the Civil Liability (Contribution) Act 1978.