Knowledge Hub

Welcome to the Knowledge Hub – in the articles to be found here, we cover developments that we feel are relevant to the businesses of our many clients and colleagues.  We do hope you find them of interest and welcome your feedback. Please use the search form on this page to search the archive for more articles.

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1. FIDIC 1999 Books - Commentary on Clause 19

Written by Andrew Tweeddale | 28/09/2017

Click through to read Corbett & Co's helpful commentary on FIDIC 1999 book Clause 19..

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2. All Damage Is In A Sense Consequential – So What In Law Are Consequential Losses?

Written by Andrew Tweeddale | 03/08/2017

Sub-Clause 17.6 of FIDIC’s Red, Yellow and Silver Book is an exemption clause and provides in the opening paragraph that: “Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract…” The phrase ‘indirect or consequential loss or damage’ has been examined by the English courts on numerous occasions. Historically the words ‘consequential loss’ were held to be synonymous with ‘indirect loss’. However, a recent case questions whether this will be correct in all cases. ..

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3. Mistake In English Law: Two Recent Cases

Written by Joanne Clarke | 03/08/2017

English law recognises different types of mistake and permits various equitable remedies in case of mistake, as illustrated by the two English court decisions examined in this article...

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4. Pink Or Blue – How Strict Are The Notice Requirements?

Written by Sara Ehsani | 03/08/2017

It is fair to say that a great number of disputes address the issue of notices ranging from notices for extension of time, to termination notices and notices of dissatisfaction. One of the crucial issues that is often in dispute is the compliance with the requirements set forth by the contract and hence the validity of a notice...

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5. Penalty Clauses Down Under

Written by Victoria Tyson | 03/08/2017

Whilst it is widely understood that the law on liquidated damages differs considerably between common law and civil law jurisdictions, there are also differences within common law jurisdictions which are sometimes overlooked. This article summarises the recent developments to the law on penalties in England and Wales, as reported by Steve Mangan in May 2016[1], and compares them with the developments to the law on penalties in Australia...

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6. FIDIC 1999 Books - Commentary on Clause 15

Written by Andrew Tweeddale | 10/05/2017

Click through to read Corbett & Co's helpful commentary on FIDIC 1999 book Clause 15 ..

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7. FIDIC 1999 Books - Commentary on Clause 16

Written by Andrew Tweeddale | 21/02/2017

Click through to read Corbett & Co's helpful commentary on FIDIC 1999 book Clause 16...

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8. A Surprise Award of Third Party Funding Costs

Written by Joanne Clarke | 08/02/2017

Third party funding is increasingly used by claimants in international arbitration even though the cost can be significant. To the surprise of many, the English Commercial Court recently held in Essar v. Norscot that a winning claimant could recover from the losing respondent the cost of obtaining third party funding as a cost in the arbitration. So, what exactly is third party funding and what are the implications of Essar v. Norscot for parties involved in international arbitration...

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9. The Employer's Agent

Written by Victoria Tyson | 08/02/2017

The Engineer is deemed to act for the Employer and is essentially the Employer’s agent under the FIDIC Red Book 1999. He is not a wholly impartial intermediary, unless such a role is specified in the Particular Conditions, and there is no general obligation under the FIDIC Red Book 1999 for the Engineer to act independently or impartially. However, when he is required to make a determination under Sub-Clause 3.5, he is obliged to make it a fair determination and when he is obliged to issue an Interim Payment Certificate under Sub-Clause 14.6, or a Final Payment Certificate under Sub-Clause 14.13, he must fairly determine the amount due...

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The content of the Knowledge Hub is not legal advice. You should always consult a suitably qualified lawyer regarding a particular legal issue or problem that you have. Please contact us if you require legal assistance.
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