Construction Focus: Mediation: stays and windows

Should a window for ADR be built into a dispute referred to the TCC? John Starr analyses the findings of a recent case ‘It was wrong in principle for the court to fix a “window” for ADR at a time when at least one significant party – in this case the claimants – positively did …
This post is only available to members.

Construction Focus: Protocol and proportionality

John Starr reviews some recent cases where the court was asked to consider the consequences of failing to comply with the Pre-action Protocol for Construction Disputes ‘These cases highlighted the need to follow both the spirit and the letter of the Protocol if adverse costs orders were to be avoided, possibly even if the process …
This post is only available to members.