In a controversial decision, at odds with the law, the High Court held that an obligation on parties to enter into “friendly discussion” before embarking upon arbitration was an enforceable term of the contract. In this case, the parties had entered into “friendly discussion” so, the arbitrators had jurisdiction.Whilst this...

Damages Awards Should Not Give The Claimant The Benefit Of Better Bargain Last month the High Court held that where a contract allows a defendant alternative modes of performance, defendants are entitled to the assumption that they would have only performed the minimum obligation required of them.The contract in this...

A useful reminder from the court of appeal came out this week about an employer's right, when an employee appeals a disciplinary sanction, to increase the punishment. The rule, set out by the Court of Appeal, is that unless the employer's disciplinary policy actually sets out the employer's right in this...