“Adjudicators will make mistakes. Sometimes those mistakes will be glaringly obvious and disastrous in their consequences for the losing party.”
Even though the possibility of making mistakes was recognised by the Court of Appeal (and both parties, as they agreed that the adjudicator had made a mistake), the court went on to hold that if an adjudicator makes a mistake, the decision will still be enforced unless the adjudicator answered the wrong question. Continue reading →
In September last year, under the heading unreasonable skill and care, I looked at the dilemma facing professional people who need to strike a balance between giving advice in the timescale required and taking long enough to be as confident as they can be that the advice is correct.
When I first read the Court of Appeal’s decision in Kookmin Bank v Rainy Sky SA, I couldn’t believe it. Surely I had misunderstood the facts? So I read it again, and everything was as I had thought. Was I missing something?
A recent Court of Appeal decision set many construction practitioners thinking about how the parties communicate and give notices to each other. In particular, when a statute or contract requires a company to give a notice or sign a document, do the execution rules of the Companies Acts always apply? Continue reading →
This may be a children’s playground taunt, most commonly associated with accusations of dishonesty (it is actually paraphrased from William Blake’s poem, “The Liar”) but, in recent months, the courts have dealt with a number of cases where one party has alleged the other is guilty of fraud (or something akin to fraud). Continue reading →