Ms Rosy Gibson

Rosy Gibson

Updates

Litigation

When is an error a serious irregularity? Court demonstrates approach to correcting arbitration awards
United Kingdom | 26 January 2021

The High Court recently found that a tribunal's admission of a simple computational error, and its refusal to correct it, was a serious irregularity that caused substantial injustice. Based on this, the court remitted an arbitration award back to the tribunal for correction. This is an interesting case; it is rare for Section 68 challenges to be successful and even rarer for an English court judge to find that there has been a serious irregularity that caused or would cause substantial injustice in such a straightforward manner.

Privileged but admissible? When can without prejudice material be pleaded in statements of case?
United Kingdom | 23 June 2020

In a recent decision the High Court considered the scope of the existing exceptions to the without prejudice rule. This well-known rule protects communications made in a genuine attempt to settle an existing dispute from later deployment in court. The High Court allowed passages from papers prepared for a mediation to be admitted into the proceedings under two exceptions to the without prejudice rule.

Oral contract does not prevent agent from being paid in circumstances not catered for in contract
United Kingdom | 10 December 2019

​In a recent case, the Court of Appeal held that an oral contract for a specified introduction fee payable to an agent if a property sold at a particular price did not prevent the agent from being remunerated when that property was sold for a lesser sum (despite the contract being silent on the matter). However, the sum awarded by the court was significantly lower than the introduction fee specified in the contract.