Issue 39

Issue 39 - September 2003 Corenso refused to mediate. The court took a broad view that there was more than one form of ADR. Parties are required to attempt to resolve their differences without resorting to court. But, while mediation may be the way forward in some cases, in others, negotiation may be equally appropriate. Therefore, Corenso was not penalised for its failure to mediate. Click to download PDF

Issue 39 - September 2003 This case illustrates the need to take care when serving contractual notices. Whilst you should always check the contract first to see where a notice should be sent, HHJ Kirkham noted that one purpose of the contractual provisions for the service of notices is to ensure that one party knows what the other party wishes to communicate. Click to download PDF

Issue 39 - September 2003 This Court of Appeal case arose out of the collapse of a tower crane at Canary Wharf. The Court considered which of the parties under a contract for the hire of plant was responsible for the loss and damage. Click to download PDF