- September 21, 2018
Do Part 36 offers necessarily mean what they say? Bentley Design Consultants v Malcolm Sansom
A recent case, Bentley Design Consultants v Malcolm Sansom, has considered the interaction of the principle of construction of a contract and the procedural code contained in Part 36 of the CPR. The case concerned the proper construction of an offer to settle “the whole of this claim”. At both first instance and on appeal, it was … Continue reading Do Part 36 offers necessarily mean what they say? Bentley Design Consultants v Malcolm Sansom →
- May 19, 2017
Final whistle blown on cost budgeting games
The introduction of cost budget discussion reports appears to have given rise to a new area of tactical game playing by litigators. Coulson J has issued a stern warning to parties who seek to engage in such games by putting forward unrealistically low figures for the opposing party’s costs and, in a recent case, wholly … Continue reading Final whistle blown on cost budgeting games →
- April 21, 2016
To notify or not to notify: the impact of contact terms on common law rights to terminate
In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC, Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.
