Global Claims in Common Law Jurisdictions

What is meant by a 'global claim' or a 'total cost claim', and how do courts and arbitrators deal with such claims?John Lyden considers judicial approaches in a range of common law countries (England & Wales, Scotland, Ireland, the USA and Australia) and the details of proof which a claimant must provide for a claim to be acceptable and to lead to an award. Introduction - Pleading, proving and awarding a global claim - The difficulty with global claims - Global claims in awards by courts or arbitrators - Global claims as pleaded - Judicial attitudes soften towards global claims - Commercial realities of the claim - John Doyle Construction v Laing Management - Post-John Doyle - The law in Ireland - Conclusions. The author:John ME Lyden FICS, FSCS, FInstCES, MIN, MCIArb, MEWI is an arbitrator, chartered quantity surveyor and conciliator practising in Cork, Ireland. Text 21 pages.

Author
John ME Lyden
Publication year
2008