BlogPosts From January 2016

Construction & Engineering

Expect the Unexpected

Last year saw two judgments which were highly critical of contractors’ claims based on allegedly unforeseen ground conditions. Both cases illustrated the need for contractors to act on contractual terms which require them to satisfy themselves of the site conditions in which they will operate, and demonstrate that a failure to do so will preclude successful claims for variations based on unforeseen ground conditions.

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Construction & Engineering

Cutting through the legalese: Arbitration

Parties in dispute sometimes chose to resolve matters by arbitration rather than court action. Arbitration has many advantages over litigation and is always worth considering when drafting a contract or dealing with a dispute. However, it is not always the most suitable forum for dispute resolution and so the decision to have an arbitration clause in your contract should not be taken lightly.

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Employment

Could your business be liable for the actions of a “rogue” employee?

It's long been the case that an employer can be liable for the acts of its employees if the acts are closely connected with their employment. But what if the employee’s actions are “rogue” or unexpected? Is the employer liable then? Morrisons are currently defending a High Court claim brought by nearly 2,000 of its staff, which will explore this question.

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