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Dispatch - Arbitration and litigation - 2007 archive

Cundall Johnson & Partners LLP v Whipps University Hospital NHS Trust
Issue 89 - November 2007 (click to download pdf)

What were the consequences of failing to comply with the pre-action protocol?

Premium NAFTA Products Ltd & Ors v Fili Shipping Company Ltd & Ors
Issue 89 - November 2007 (click to download pdf)

What is the golden rule of the House of Lords in relation to arbitration clauses? Is there any distinction between disputes arising "under" the contract and disputes arising "out of" a contract?

Iggleden & Another v Fairview New Homes (Shooters Hill) Ltd
Issue 88 - October 2007 (click to download pdf)

How will the court choose between two conflicting remedial schemes proposed by respective experts?

London Underground Ltd v Citylink Telecommunications Ltd
Issue 87 - September 2007 (click to download pdf)

What was the TCC view of a global claim made in arbitration proceedings?

Charles Church Developments Ltd v Stent Foundations Ltd & Peter Dann Ltd
Issue 84 - June 2007 (click to download pdf)

What are the consequences of failing to comply with the pre-action protocol?

Claymore Service Ltd v Nautilus Properties Ltd
Issue 84 - June 2007 (click to download pdf)

Will a claim for interest be reduced when a claim is delayed."

A new pre-action protocol
Issue 82 - April 2007 (click to download pdf)

What changes have been made to the pre-action protocol for construction and engineering disputes?

Fiona Trust & Holding Corporation and Others v Privalov & Others
Issue 81 - March 2007 (click to download pdf)

Is there any distinction between disputes arising "under" a contract and disputes arising "out of" a contract? See also the House of Lord's decision in the Premium NAFTA case - Issue 89.

Sinclair v Woods of Winchester Ltd
Issue 79 - January 2007 (click to download pdf)

What must you demonstrate in order to appeal successfully on a question of law arising out of an arbitrator's award?

Statutory instrument 2006/1689
Issue 79 - January 2007 (click to download pdf)

What is the effect of this new SI on the question of public access to the Court documents, in particular pleadings? See also Issue 75.

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