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Jun
28
Missed deadline – Who is to blame?
The Court of Appeal has set the bar high with respect to the duties that surveyors owe to their clients – even when they believe that their retainer has been terminated due to non payment of a bill. This bar could lead to more professional negligence claims against surveyors and other professionals.
Jun
24
In full and final settlement?
The developer claimant in Point West London Limited v Mivan Limited [2012] found itself in the unfortunate position of trying to argue that a settlement agreement it had entered did not include a full and final settlement of its claim. It wanted a second bite at the cherry and so sought a declaration from the High Court that it was entitled to do so.
Jun
23
When is a Part 36 offer not a Part 36 offer?
By now one would have expected that every part of Part 36 of the Civil Procedure Rules would have been examined by the court. However, in the case of PHI Group Limited v Robert West Consulting Limited [2012] the Court of Appeal was required to consider the effect of a purported Part 36 offer which failed to specify a period of not less than 21 days within which the defendant would be liable for the claimant’s costs if the offer was accepted.
Jun
22
The tale of the out of date ketchup and the £84,000 mousse…
The recent case of Compass Group UK and Ireland Limited (t/a Medirest) v Mid Essex Hospital Services NHS Trust [2012] provides a useful reminder of duties to co-operate in good faith in long term services contracts.
Jun
21
Another look at refusal to mediate
In a recent article we considered mediation and the court’s ability to impose sanctions against a party it considered had unreasonably refused to mediate. In the recent case of Swain Mason v Mills & Reeve [2012] the Court of Appeal has considered the question again and in this case overruled the trial judge’s decision to penalise the successful party for refusing to mediate.
Jun
20
CEDR Mediation Audit
On 15 May 2012 the Centre for Effective Dispute Resolution (“CEDR”) published its Fifth Mediation Audit, a survey of commercial mediator attitudes and experience.
Jun
14
Tenants failure to pay full rent when exercising a break clause was fatal
In a previous article the potential dangers of exercising break clauses in leases were highlighted. The court has looked at this area again in PCE Investors Limited v Cancer Research UK [2012], a case which highlights another trap for the unwary.
Jun
13
More pitfalls when exercising break clauses…
In the current economic climate break clauses are proving fertile territory for disputes, tenants are relying on them to escape leases entered into when times were better and landlords are challenging their exercise to try and keep tenants locked into leases.
Jun
12
Head tenant unable to refuse its sub-tenant’s right to a new lease
Landlords acquiring interests in commercial property with mid to long term plans to occupy the premises for their own use need to be aware of the provisions of the Landlord and Tenant Act 1954 (“the Act”) when there is a tenant protected under the Act in occupation. This is still the case when the landlord is itself a tenant, and not the freeholder.
Jun
12
Update on discontinuance
In a recent article we commented on the Court’s decision in the case of Westbrook Dolphin Square Limited and Friends Life Limited [2011]. Westbrook appealed the judge’s decision which struck out proceedings it had brought against Friends Life.

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