Practical Law

As an Australian-qualified lawyer, any judicial mention of “good faith” in the English courts piques my interest. Australian courts readily imply broad duties of good faith into commercial contracts. By contrast, you don’t need to look further than Chitty on Contracts,  Vol 1 (Sweet & Maxwell 32nd ed, 2015), paragraph 1-039, to find that “in … Continue reading Court of Appeal quells hope of an organising principle of good faith in English law →

Keen to get works underway, employers and contractors too often surge forward without a signed contract in place. I see countless contract formation issues in multi-million pound projects where parties have worked together for several years without formalising their relationship. 

Parties too often under-estimate the value of having their case on quantum in order in the lead up to a hearing. In the context of complex high value construction disputes much has been written about the role of experts and ensuring that their evidence is properly presented to the court. The court’s gaze is increasingly … Continue reading A thought shower on managing quantum experts in and out of the hot-tub →