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Goodman Derrick LLP’s legal know-how website provides you with up to date analysis of the legal news that matters.

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A dispute resolution clause could solve the Brexit impasse

Jonathan Haydn-Williams
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A dispute resolution clause could solve the Brexit impasse. The Attorney-General is in Brussels to seek the amendment of the 'backstop'. The EU says it won't amend the Withdrawal Agreement, so some form of add-on is needed. The 'backstop'...

You can't hear a PIN drop

Jonathan Haydn-Williams
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Silence in which you can hear a pin drop is not a feature of Brexit. However, any half-experienced negotiator or mediator will recognise the acronym PIN, standing for Positions, Interests, Needs.  A classic approach to negotiation and mediation is to...

A shipless shipping contract: a fish out of water

Jonathan Haydn-Williams
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A shipless shipping contract: a fish out of water. The Transport Secretary signing a contract for shipping services with a company with no ships could be a script from the 'Yes Minister' TV series and books. But, as we know, it is not fiction. Chris...

Can you really 'Separate the People from the Problem'?

Jonathan Haydn-Williams
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Can you really 'Separate the People from the Problem'? This is the first of four principles of 'Getting to Yes', the seminal book on negotiation by Fisher & Ury. More often than not, when negotiating or mediating a dispute, I find that...

CNIL and Google: GDPR Showdown

Paul Herbert
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(Note: This article is based on an unofficial translation of CNIL’s judgement, so apologies for any errors or misunderstandings arising from this.) Introduction On 21 January 2019 the Commission Nationale de l’informatique et des...

"Ah yes, I remember it well". The phenomenon of faulty memories in mediation and litigation

Jonathan Haydn-Williams
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“We met at nine” “We met at eight” “I was on time” “No, you were late” “Ah yes, I remember it well”. Those lyrics from the 1958 film ‘Gigi’, encapsulate the experience of many...

The big construction law question: can you pay now and argue later?

Hazel Boland-Shanahan
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This article first appeared in Construction News . A top judge came out of retirement to help decide a crucial question around interim payments and adjudications, as Hazel Boland-Shanahan explains. Confusing case law on interim payments led...

After the Article 50 judgment

Stephen Hornsby
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This article was first published in Prospect Magazine . Why the European Court should never have ruled on Britain’s right to revoke the Brexit letter All the attention directed to the case of Wightman v Secretary of State for Exiting the European...

UK's gambling companies agree to TV ad ban

Stephen Hornsby
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This article first appeared in Sportcal . The UK’s largest gambling companies have agreed a voluntary ban on advertising during live television coverage of sport amid increasing concerns over the harmful effects of gambling addiction, especially...

Pulling down the shutters? How to exercise a commercial break notice effectively

Lauren Fitzpatrick
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With the high street retail and dining sectors in a seemingly constant cycle of reinvention our Real Estate Dispute Resolution team provide guidance in this article for tenants who are considering exercising a break option in a commercial lease. A break...

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