Expert Shopping – Is the Grass Always Greener?

Expert Shopping – Is the Grass Always Greener?

What is Expert Shopping? In England and Wales where Civil Procedure Rules apply, experts are mindful of working under Part 35 of CPR. The rules state that, “no party may rely on expert evidence without prior permission of the court”. However, there is no rule on who...
Concurrent Delay – A Matter of Good Faith?

Concurrent Delay – A Matter of Good Faith?

Concurrency – A Call for Pragmatism? Concurrency (or concurrent delay) is an issue that those involved in construction disputes love to debate. A quick search online reveals a vast amount of ink which has been spent debating the various approaches to analysis and...
Welcome To Our New Mentee – Enoch Sithole

Welcome To Our New Mentee – Enoch Sithole

We are delighted to welcome our newest mentee to the mentoring program, Enoch Sithole. For the next few months, Enoch will go on to learn more about disputes, claims, and the role of experts. As a mentee, we will be giving him the full benefit of our own experience....
Constructive Acceleration or Mitigation?

Constructive Acceleration or Mitigation?

Mitigation or Constructive Acceleration? For many in the industry, the complexity of construction work will inevitably lead to delays. The cause of delays, setting aside those that may be listed as events in the contract, emanates from multiple matters and parties....
Good Faith in Construction

Good Faith in Construction

Recently Damian submitted a paper to the CIArb Kenya for their Alternative Dispute Resolution Journal. His chosen topic was The Notion of Good Faith in Construction and Arbitration. As Damian writes ‘This paper sets out to define good faith, its origins and purpose...