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03 December 2009
Issue: 7396 / Categories:
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Law digest: 4 December 2009

Adjudication; Immigration; Practice; Third party debt orders

Adjudication

Allied P & L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC), [2009] All ER (D) 240 (Nov)

It was established by authority that:

(a) to enable a dispute or difference to arise, there had to be a claim, an assertion or adoption of a position by one party which was expressly or by implication rejected or at least not accepted by the other. The claim, assertion, rejection or non-acceptance did not need to be in writing or to be in any form or necessarily be detailed.

(b) The claim, assertion or adoption of the position had to be communicated to the other party. It could not be enough to create a dispute that one party simply believed in its own mind (without any communication to the other) that if it was to make a claim it would in all probability be rejected by the other party.

(c) One had to look at the history and the context in which the dispute was said to have arisen but the

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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