Conclusive Evidence in UK Law
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Conclusive Evidence Clauses And Failure To Mitigate
In ABM Amro Commercial Finance Plc v Ambrose McGinn & ors [2014] EWHC 1674 (Comm), 23 May 2014 the court ruled that an indemnifying party cannot argue that a failure to mitigate by an indemnified p...
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London Court Upholds Arbitral Award In Contractor Dispute In Face Of Challenge That Arbitral Panel Failed To Consider Coverage Defenses
A court in London recently upheld an arbitral award in the face of claims that the arbitral panel failed to consider several coverage defenses one party asserted during the proceedings. The arbitra...... ... , Symbion alleged a defense that the court referred to as the “conclusive evidence” defense. Symbion argued Venco’s case was based on invoices ... ...
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The High Court Considers The Final Certificate Conclusivity Provisions Of The JCT
... ... Clause 1.9.1 provides that the Final Certificate is conclusive evidence on a number of matters in any proceedings arising out of the ... ...
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Does The Conclusivity Of A JCT Final Certificate Unlawfully Fetter A Partys Right To Adjudicate?
... ... In the absence of a challenge, the Certificate will become conclusive evidence of many aspects that might be the subject of a later dispute. The ... ...
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Bonds: Style Over Substance?
... ... by the Council in accordance with sub-clause 2.2 shall be conclusive evidence of the liability of the cautioner to pay ... " ... "certificate ... ...
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Summary Judgment in Respect of Quality Claim
... ... the claim form was validly served in Nigeria, the Defendant's evidence was found to be of no evidential value and the CPR's aim of protecting the ... It confirmed that the purpose of a conclusive evidence clause is to avoid disputes as to quality and to achieve ... ...
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Saleh v SFO: POCA Proceedings And Foreign Judgments
... ... Order included wording in the recital to the effect that, as no evidence had been put before the court upon which it could be satisfied that the ... of Appeal accepted that a foreign judgment "which is final and conclusive on the merits" and "in rem" might preclude the SFO from obtaining a PFO, ... ...
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NAV And Other Financial Determinations: Implications Of Fairfield Sentry Limited (In Liquidation) V Migani And Others
... ... to redeem a loan, or an action dependent on the final and conclusive valuation of an asset, cannot now be re-opened on grounds that the ... with another recent decision given in relation to a "conclusive evidence" clause. The case of ABM Amro Commercial Finance plc v McGinn and ... ...
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Employment Tribunal Fees In Full Remission
... ... in 2014 was dismissed by the Court of Appeal as unsupported in evidence ... However in 2015 the Scottish Government committed to abolishing ... of the fee scheme had been broadly met and that there was no conclusive evidence that the fee scheme prevented access to justice. Any injustice ... ...
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Termination - The Need To Prove A Contractor Is In Default In A Long-term Contract
... ... by identifying factual evidence which supports the grounds for ... termination. This is important as the ... (TCC) - delay is not always conclusive evidence of a lack of ... diligent progress; ... Hill v London Borough of ... ...
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