Arbitration & litigation
Amec Civil Engineering Ltd v The Secretary of State for Transport
Click to download PDFPhillips and others v Symes and others
Issue 54 - December 2004
In what circumstances might it be possible for a Court to make an order for costs against an expert witness?
London Fire and Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd and Another
Issue 40 - October 2003
Following a trial where the defendants were successful, they sought their costs on an indemnity basis. HHJ Bowsher QC said the relevant test was whether or not it was just that the onus should be on the claimant to pay the costs. The Judge ruled it was just in this case as he felt from the outset that the pleaded and supporting evidence would never have stood up.
Van Oord and ACZ Ltd and Another v The Port of Mostyn Ltd
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.
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