- October 5, 2016
Professional negligence claims: a change of direction?
In O’Hare and another v Coutts & Co, the High Court moved away from the “Bolam” test for professional negligence claims (by reference to what a responsible body of professionals would do), at least in respect of financial advisers alerting their clients to investment risks. Does this suggest a change is coming in assessing negligence claims against … Continue reading Professional negligence claims: a change of direction? →
- April 15, 2014
The effect of a failed adjudication on the JCT final certificate “conclusive evidence” clause
In University of Brighton v Dovehouse Interiors Ltd, Carr J in the TCC gave guidance on the meaning of “commenced” adjudication proceedings for the purposes of challenging a final certificate under the JCT standard form of contract. The judgment also considers what the position is where the adjudication is then aborted.
- June 19, 2012
All wrapped up? Is your settlement really full and final?
In Kazeminy v Siddiqi, a “full and final settlement” wasn’t so final. It’s a valuable reminder of the first rule of settlement.