Contract: What Contract?
Trevor Thomas
June 2010
A paper based on the highly commended entry in the Hudson Prize essay competition 2009
In discussing the enforcement of contractual rights in the Irish legal system, Anthony Hussey begins with the Commerical Court, successfully established in 2004. He goes on to look at arbitration, and its advantages over litigation, before considering adr in the form of mediation and conciliation as practised in Ireland.
Gordon Bateman explains the differences between process plant contracts and building contracts, and goes on to look at the standard forms published by the Institution of Chemical Engineers, both for domestic use and - published in November 2007 - international use.
This paper is no longer available as it has been superseded by Paper D170, July 2014.
What expectations do TCC judges have of parties and their representatives during litigation? HH Judge David Grant gives the judicial perspective, stressing the duties on parties to co-operate with each other and with the court, with special reference to cost - and time-saving, the tools of case management and preparation for trial.