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Expert Determination
November 16, 2015
Successfully challenging Experts’ Determinations are rare even more rare in the Court of Appeal. The latest case Rebeka Begum v Subrina Hossain and Sunam Tandoori […]
Read moreFIDIC Conditions Precedent
November 16, 2015
Are notices and particulars of employers claims under clause 2.5 of the FIDIC red book a quasi condition precedent? The case of NH International (Caribbean) […]
Read moreConclusive Evidence Clauses
February 24, 2015
JCT contracts include a ‘conclusive evidence’ clause which in summary states that the ‘Final Certificate’ is conclusive evidence that all monies due to the contractor […]
Read moreAmending 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.”
A Consolidated Update of Legal Professional Privilege
August 4, 2014
This talk sets out to provide a brief review of the law surrounding legal professional privilege. This talk is subdivided into nine (9) parts.
In English law legal professional privilege is a substantive common law and human
right that confers a form of protection over certain confidential communications made
between a professional legal adviser and his client and/or third party.
The protection afforded to communications within the scope of legal professional
privilege is divided into two categories.