Articles
Expert Immunity – A Bygone Era
June 28, 2011
Experts should be aware that if they have been negligent in the past and/or from now on they may be pursued after the recent decision from the Supreme Court of Justice.
Witness immunity dates back over 400 years, long before the development of the modern law of negligence and the practice of forensic experts to offer services to litigants for reward. So why have the courts decided that it is now time to change that position. The general rule was that every wrong should have a remedy and that any exception to this rule must be justified as being necessary in the public interest. The court decided that it was no longer in the public interest to relieve an expert of its obligation to provide a service to its client with reasonable skill and care.
Read moreReasons in Adjudication
June 2, 2011
Reasons should be sufficient to demonstrate that the issues to be decided have been addressed.
Read moreLiquidated & Ascertained Damages
June 2, 2011
LADS Clauses should be drafted with care.
Read morePart 36 Offers & Contrac Law
June 2, 2011
Part 36 is based upon contract law, however, a Part 36 offer made pursuant to Civil Procedure Rules is treated as a separate and individual code.
Read moreLetters of Intent and Oral Agreements
June 2, 2011
Latest Information from Chartered Institute of Arbitrators – PDF
Read moreHow Effective is LCIA’s Bite on Arbitration in India?
May 20, 2011
1. Arbitration proceedings in India India’s arbitration dispute-resolution forum is renowned for its sluggish procedure. Many practitioners blame the schedules of counsel and arbitrators because …
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