Musings of a busy mind

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.

READ MORE

The challenge for most boat builders, even at the super yacht level, is to establish an efficient process for manufacturing well designed production boats which meet a market demand.

So, when you have established your ideal production boat, how do you deal with the "cease and desist" letter from the designer's lawyer?

READ MORE

Not for the first time this year, I have on my desk a government contract which suggests that, despite their recent assurances to the contrary, the Government has not learned its lesson as a good contracting party. The contract in question contains a completely unrealistic and unjustified transfer of risk; not because it's a good idea, but because they can.

The time is now right, it seems to me, for greater use of the independent neutral - (1) peer reviewing; (2) probity auditing; and (3) disputes boards. Sometimes an independent, experienced voice is required to curb half baked and ill considered tendencies.

READ MORE