Issue 37

Issue 37 - July 2003 Although the defendant won on the majority of issues, it was penalised on costs because of its failure to try and resolve the dispute through ADR. In particular, the Judge took into account the fact that the government had pledged to try and settle the legal cases by ADR. Click to download PDF

Issue 37 - July 2003 Billinghurst had a complete defence to enforcement proceedings because an offer had been made, albeit by a third party, on clear terms which provided that the cashing of a cheque signalled the clear acceptance of that offer of compromise. Click to download PDF

Issue 37 - July 2003 This case discusses whether a project manager had authority to enter into an agreement that Hurst accepted payment in full and final settlement of all claims arising out of or in connection with the trade contract works. It also examines the question of whether reference to this settlement could be deleted on the basis that there was a unilateral mistake. Click to download PDF