With increasing globalisation and the convergence of laws already underway, the world is naturally moving toward legal alignment for various
In a world shaped by rapid technological advancements and complex challenges, the time has come for a new guiding principle—one
Unlocking the Secrets of the Universe: AI Breakthroughs, Google’s Willow Chip, and the Multiverse Hypothesis—Thoughts from Gav Ward and John
By Amanda Hamilton, Patron of NALP (National Association of Licensed Paralegals) The role of the paralegal—both actual and perceived—has changed;
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The relatively recent case of Education 4 Ayrshire Ltd v South Ayrshire Council [2009] CSOH 146, CA37/09, concerns the issue of what happens when a contract clearly provides how and when a notice of delay or claims should be given but the parties do not follow the precise form of the notice provisions.
A good theoretical decision in favour of pacta sunt servanda and adherence to what the parties have agreed strictly, it has to be wondered whether this is the right practical decision given that effectively notice, albeit in a different form, had been given. Certainly, I have seen this decision take effect on elements of a recent multimillion pound NPD project, which may have delayed the deal.
The case serves as an important lesson for contractors, not just those involved in PPP / PFI, to take special notice of notice requirements under contracts.