A matter of some interest

Article Abstract:

The UK 1996 Arbitration Act has not settled the issue of whether an employer should have to pay backdated interest to a contractor, as well as the increased sum of money, when an arbitrator revises a certificate. A review of case law reveals disagreement on the subject. Judge Havery decreed that interest should be payable only from the date of the arbitration in the case of BP Chemicals v. Kingdom Engineering, but Mr Recorder Kallipetis decreed that interest should be applied from the date the original sum should have been paid in the case of Amec Building Ltd. v. Cadmus Investments Ltd.

Construction, Finance, Building, Contractors, Grievance arbitration

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Death of an arbitrator

Article Abstract:

The case of Standage and Company Ltd vs The London Borough of Southwark gives an interesting insight into what may happen if an arbitrator dies before issuing a final award. The judge had to consider whether or not there was a prima facie case that the arbitrator had made an enforceable final award before he died. It was concluded that this had not happened. It appears that it may be necessary to begin litigation again if an arbitrator or a judge dies before completing a case.

Arbitration (Administrative law), Administrative arbitration

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Burning issues

Article Abstract:

There have been a number of cases recently in the UK which have given mixed signals about whether the fire brigade can be sued for negligence in fighting fires. In one ruling, it was clear that the fire brigade can be held liable if it negligently increases danger and damage. However, another ruling indicated that it could not be considered fair or reasonable for the fire authority to bear a duty of care. Appeals to the Court of Appeal in three cases have not been successful.

Laws, regulations and rules, Liability for fire damages

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