The purpose of this article is to assess three issues: whether there is a duty to mediate; whether trust related disputes are specially suitable for mediation; and how to prepare for a mediation. Duty to mediate? Are practitioners currently under any obligations to consider mediation or some other form of alternative dispute resolution? The ACTAPS […]
Category: Legal Update
Contractual Discretion
The recent Court of Appeal decision in Socimer International Bank Limited v Standard Bank London Limited (2008) EWCA Civ 116 provides some helpful guidance on the extent of a party’s discretion when the contract was silent on the issue. This case concerned a portfolio of forward sales of securities that Socimer had bought from Standard […]
Statutory Demands
When to use and when to hold back. In the 2007 case of Collier v P& M.J. Wright (Holdings) Limited the Court of Appeal discussed the circumstances in which it is appropriate to issue a statutory demand, and those circumstances in which there is sufficient doubt or dispute concerning a debt to render the attempted […]