Manifest Error in UK Law
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Setting Aside Certificates for "Manifest Error"
In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The...
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"Howlers" and the Meaning of "Manifest Error"
When negotiating transaction documents, dispute resolution provisions will often receive less attention than they should. Even when these provisions are negotiated, parties’ concerns are often limi...
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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...... ... which would be "treated as conclusive evidence (except for manifest error) of the amounts so payable" ... The Company later went into ... ...
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Successful Procurement Challenge Against The Nuclear Decommissioning Authority
... ... the idea that the courts will intervene where there has been a "manifest error" in the assessment of the bid ... The judgment also gives useful ... ...
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Successful procurement challenge against the Nuclear Decommissioning Authority
On 29 July the High Court handed down its judgment in the high-profile Energy Solutions (ES) v Nuclear Decommissioning Authority (NDA) case. The case concerned the competition to become the “Paren...... ... the idea that the courts will intervene where there has been a “manifest error” in the assessment of the bid ... The judgment also gives useful ... ...
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What's More Difficult Than Decommissioning Nuclear Reactors? Ten Lessons From The Recent Judgment In Energysolutions EU Limited v Nuclear Decommissioning Authority
... ... the role of the Court to assess whether there had been a "manifest error" in such evaluative judgments, although the public authority would ... ...
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High Court Concludes That HS2 Procurement Process Was Lawful
... ... Construction Court held that there was no manifest error in the ... rolling stock procurement run by High Speed Two (HS2) ... ...
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How Can Landlords Minimise Disputes In Their Service Charge Recovery And Avoid The Conclusively Inconclusive Certificate?
... ... absence of manifest or mathematical error or fraud. This is a ... common iteration of ... ...
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'Final And Binding Determination Overturned'
... ... agent final and binding upon all parties (in the absence of manifest error). There was no dispute that in determining the relevant amount, the ... ...
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Successful procurement challenge and witness success bonuses
The High Court has held that the Nuclear Decommissioning Authority breached the Public Contract Regulations (PCRs) when awarding a GBP 4.6 billion contract for the decommissioning of 12 Magnox reac...... ... Solutions brought a claim on the basis that there had been “manifest errors” in the evaluation of the bids, and as a result that its ... Manifest error ... Energy Solutions had identified a series of failures in the way the ... ...
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