Openbrief - an update service from Lupton Fawcett LLP

The costs risks inherent in refusing to Mediate or in delaying Mediation

It has been the position for some time (Dunnet v Railtrack in 2002) that a party who is successful at trial or appeal (and would therefore normally be entitled to expect to receive its costs from the other side), may be at risk of not being awarded some, or all, of those costs, if they [...]

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Management and staff costs successfully claimed in litigation in the UK

The decision of the Court of Appeal in Aerospace Publishing Ltd -v- Thames Water Utilities Ltd [2007] EWCA Civ 3 has provided helpful clarification as to the recoverability of the costs of management and staff time in litigation and the requirements to be met to do so. Key requirements to be proved are that a) [...]

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Tenant’s CVA fails to shield parent company guarantor from rent liability

In 2006 the electrical retailer Powerhouse proposed a controversial ‘corporate voluntary arrangement’ (CVA) which would allow the closure of its loss making stores but to keep open its profitable ones. Powerhouse hoped to pay a fraction of the rent due to its landlords for the loss making stores which were to be closed. The proposal [...]

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The new CDM Regulations - Health and safety remains a key area of concern for the construction industry

The new Construction (Design and Management) (’CDM’) Regulations 2007 came into force on 6 April 2007. The new simplified regulations impose enhanced duties, in particular, on clients, as well as on principal contractors and designers. Failure to adhere to those duties may give rise to civil and criminal liability. The nature and extent of duties [...]

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