Articles from August 2014
Amending Particulars of Claim
August 8, 2014
Amending Particulars of Claim may be tricky at best of times and worse impermissible if the amendment does not arise out of the same or substantially the same facts as are already in issue under the original action.
Read moreFact Masquerading as Law
August 4, 2014
The DAC Report on the Arbitration Bill 1996 (DAC Report) at page 286 provides:
“There have been attempts, both before and after the enactment of the Arbitration Act 1979, to dress up questions of fact as questions of law and by that means to seek an appeal on the Tribunal’s decision on the facts. Generally, these attempts have been resisted by the Courts but to make the position clear, we propose to state expressly that consideration by the Court of the suggested question of law is made on the basis of the finding of fact in the award.”