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Welcome to our Knowledge Base, your destination for in-depth articles and resources relevant to dispute resolution. Our curated content covers everything from mediation and arbitration, to negotiation and conflict management. Explore our Knowledge Hub to stay informed and up-to-date.
General

Beca v Wellington City Council: Supreme Court relieves tension between Building Act 2004 and Limitation Act 2010   

The Supreme Court has released the long-awaited Beca Carter Hollings & Ferner Limited v Wellington City Council. Alex Lyall takes a look at the...
Article
School hallway
General

Things could get complicated – English High Court refuses to stay proceedings brought in breach of an enforceable ADR condition precedent

How do the courts deal with situations where one party to a dispute commences legal proceedings in breach of a contractual clause requiring it...
Article
General

The insured bears the burden: High Court dismisses suggested duty for insurers

In IAG New Zealand Limited v Degen,[1] the High Court (the Court) reassessed whether IAG was bound by a duty to accurately...
Article
Dam
Adjudication

“Route to the decision” – Scottish court rejects challenge to adjudicator’s decision that did not expressly address a material line of defence

In UK Grid Solutions Limited and Amey Power Services Limited v Scottish Hydro Electric Transmission PLC,[1] the unsuccessful party to an adjudication sought...
Article
Library
General, Adjudication

Asking a decision-maker to take a sneaky peek isn’t a strategically clever move: adjudicator’s decision held unenforceable due to breach of without prejudice rules

A party (AZ) brought proceedings in the England and Wales Technology and Construction Court (Court) to enforce the decision of an adjudicator against the...
Article
General

Mayor Brown is right about why public sector contracts go over time and over budget

Article
Adjudication

High Court soundly dismisses judicial review of adjudication determinations but may inadvertently have put the cat among the pigeons

In Sam Pemberton Civil Ltd v Robertson,[1] the High Court considered applications for judicial review of two related adjudication determinations. In dismissing...
Article
General

Technocratic payment regime not the priority under the Construction Contracts Act

In Dem Home Ltd v New Gate Ltd[1] the High Court considered whether a payment claim had been validly served...
Article
Building Demolition
General

Highly stressful circumstances: Court of Appeal assesses contract in earthquake insurance mess

The Court of Appeal (the Court) has issued a decision in a long-running dispute between a Christchurch homeowner and her insurance and legal advocates....
Article
General

Kane v Venues NSW: The Handrail Tale

The case of Venues NSW v Kane [2023] NSWCA 192, involving a patron’s fall within the lower concourse of the western grandstand of the...
Article
Discussing at a table
General

How do you solve a problem like retentions?

The use of retentions in construction contracts is culturally ingrained in the industry but it is increasingly seen as an outdated and unfair practice....
Article
Cliffside residence
General

The “measured duty” to love thy neighbour: private nuisance and naturally occurring hazards

A Christchurch landowner, whose property sits at the foot of unstable clifftop land purchased by the Crown following the Canterbury earthquakes, has failed in...
Article

Note: Please note that the information contained in this article is intended to provide a general guide to the subject matter and is not intended as legal advice. Specialist advice should be sought about your specific circumstances. The content may not reflect current legal developments and is subject to revision without notice.