Musings of a busy mind

Just prior to Christmas, the High Court ruled that prior appointments of an adjudicator as an expert witness gave rise to a conflict of interest which should have been disclosed to the parties. This decision rather flies in the face of traditional norms of independence of the legal profession. It is also cause for concern in a small, specialised sector of the legal community.

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It has become a truism that liquidated damages are enforceable, and will not offend the rule against penalties, if they represent a genuine pre-estimate of loss undertaken at the time the contract is entered into.

That position was modified significantly last month by the Court of Appeal.

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