All articles by Nicholas Gould – Page 4
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Comment
Reasons to be considered
Tame made an application under Section 68 of the 1996 Arbitration Act to challenge an arbitrator’s award. More particularly, Tame sought to rely on the reasons published by the arbitrator separately from the award expressly on terms that no use should be made of them in any proceeding relating to ...
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Comment
Unfair penalty
NSV carried out work on the instructions of Consafe on heating, ventilation and air-conditioning equipment at a plutonium chemical waste plant at Drigg, in Cumberia. Consafe counter-claimed for liquidated damages. NSV said that liquidated damages could not be levied because they were a penalty. As the judge said, if the ...
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Comment
Take cover
Horbury ºÚ¶´ÉçÇø Systems Limited had erected ceilings within in a cinema complex. The ceiling to one of the cinemas collapsed, and the whole complex had been closed for several weeks. Clause 4.1 of the insurance policy said that Hampden Insurance would indemnify Horbury ºÚ¶´ÉçÇø Systems “in respect of … ...
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