header-logo header-logo

Home Login E-newsletter About us
05 September 2019
Issue: 7854 / Categories: Case law , In Court , Law digest
printer mail-detail

Weekly law digests

© Copyright LexisNexis 2026. All Rights Reserved.

Contract

Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC), [2019] All ER (D) 86 (Aug)

The clear purpose of cl 11.2 in the agreement between the parties was the mandatory requirement to operate the dispute resolution procedure in cl 11 before the parties became entitled to institute proceedings. Although the term 'condition precedent' was not used, the words used were clear that the right to commence proceedings was subject to the failure of the dispute resolution procedure, including the mediation process. Accordingly, the agreement contained a dispute resolution provision that operated as a condition precedent to the commencement of legal proceedings. Consequently, the Technology and Construction Court ordered a stay of the proceedings to allow the parties to arrange and attend a mediation.

Employment

Hinrichs and others v Oracle Corporation UK Ltd UKEAT/0194/18/RN, [2019] All ER (D) 76 (Aug)

The Central Arbitration Committee (CAC) had correctly decided that in exceptional circumstances affecting employees' interests, where para 8 of Sch 1 to the Transnational Information and Consultation of Employees Regulations

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Read All
NLJ this week: When post-breach events rewrite damages claims
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
NLJ this week: Supreme Court redraws unfair prejudice rules
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
NLJ this week: CILEX warns Mazur ruling must spark reform
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
NLJ this week: Conditional job offers carry hidden risks for employers
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
Copyright © 2026 LexisNexis
back-to-top-scroll