Last updateTue, 24 Feb 2015 5pm

Browne Jacobson LLP

Browne Jacobson LLP

Caroline Green and David Harris discuss the effectiveness of non-reliance clauses and the liability of trustees when a contract is disputed

The case of First Tower Trustees Ltd v CDS (Superstores International) Ltd [2017] arose out of a misleading reply given to a pre-contract enquiry and, in reaching his conclusion, Mr Michael Brindle QC had to tackle a variety of issues of general interest in the conveyancing process. Among other things, he had to consider:

Tim Rayner assesses good practice when claiming costs in dilapidations claims

The case of Car Giant Ltd v London Borough of Hammersmith & Fulham [2017] concerned a claim for damages for terminal dilapidations. In particular the claim by the landlords (Car Giant and Acredart) was for damages for dilapidations following expiry of the lease.

Clare Auty and Doris Woo examine the application of penalty clauses in procurement contracts

The use of liquidated damages clauses and service credits, such as those found in many commercial contracts, including public service network supply agreements and managed service agreements, are subject to the penalty test established in Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co [1914]. Provisions deemed by courts to be penalty clauses are unenforceable and bear the following characteristics:

Kate Andrews discusses the importance of mediation, and the costs consequences that can result where a party unreasonably refuses, or ignores, a request to mediate, in light of a recent Court of Appeal judgment

Alternative dispute resolution (ADR), in particular mediation, became popular in the mid to late 1990s. The first ‘High Court Practice Note (Civil Litigation: Case Management)’ referred to judicial control of cases and included the option to question legal representatives on whether ADR had been considered.

Mark Fowles considers the status of The Code of Practice for Highway Maintenance following the recent Court of Appeal decision of TR v Devon County Council

The Code of Practice for Highway Maintenance, Well Maintained Highways, first published in 1993, is frequently cited when considering the reasonableness of a Highways Authority’s regime and deciding whether an authority can make out the statutory defence under s58 of the Highways Act 1980. The code has loomed large recently as authorities grapple with intervention levels, tightening budgets and inspection regimes.

Kate Andrews discusses a case that highlights the costs consequences of a refusal to consider ADR

The recent case of PGF II SA v OMFS Company & anor [2012] illustrates the importance of considering the use of alternative dispute resolution, and in particular the sanctions that may be imposed by the court dealing with the issue of costs following acceptance of a Part 36 offer when mediation has been refused without good reason.