Cases

Aldgate Construction Company Ltd v Unibar Plumbing & Heating Ltd [2010]

The Aldgate Construction Company Ltd v Unibar Plumbing & Heating Ltd case could be very important in the context of losses arising from construction and other contracts. It reviews the longstanding principle known to lawyers as the second limb of Hadley v Baxdendale. Essentially, if you put somebody on notice you are likely to suffer a loss before he enters into a contract with you he can be liable. Otherwise he is only liable for what is described as ordinary (or first limb) losses.

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Bowman v Fels

The Civil Mediation Council have issued a guidance about the obligations of mediators under the Proceeds of Crime Act 2002 (Money Laundering). The case of Bowman v Fels [2005] is helpful in relation to mediators who are actively involved in litigation or arbitration

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London Borough of Brent v Fuller

In the case of London Borough of Brent v Fuller, the Employment Appeal Tribunal said that when deciding whether to dismiss for gross misconduct, employers can take into account a previous incident for which no formal warning was given. However, the incident has to be similar and it has to be clear that the employee is aware of the issue.

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Cadogan Petroleum Plc & Ors v Tolley & Ors [2010]

The now regularly occurring issue of whether a confidentiality clause in a mediation agreement can be seen in this case where the Judge had to decide which terms of a settlement agreement should be disclosed and why. Ultimately, disclosure and a fair trial (justice) prevails over confidentiality.

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