The last couple of years have seen a dramatic rise in the promotion of alternative dispute resolution generally and mediation in particular by the English judiciary. The Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council[1] held that, contrary to popular belief, the courts had the power to order parties to mediate; the Civil Procedure Rules were duly amended to incorporate that power …| On the Record
In EE Ltd v. Virgin Mobile Telecoms Ltd[1], the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement.[2] While the decision ultimately confirmed the reasoning of the lower court, the decision is notable for being surprisingly close.| On the Record
In its judgment in Sharp Corporation Ltd v. Viterra BV[1] handed down last month, the UK Supreme Court held that damages for nonacceptance of goods should be determined by reference to the realisable value of the goods left in the seller's hands in consequence of nonacceptance - and not on the basis of a notional substitute contract on the same terms as the parties' contract.| On the Record