by Damian | May 17, 2023 | Dispute Resolution
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...
by Damian | Apr 27, 2023 | Delay
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...
by Damian | Apr 13, 2023 | Mentoring
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....
by Damian | Apr 5, 2023 | Delay, Dispute Resolution
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....
by Damian | Mar 3, 2023 | Arbitration
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...
