Contract
Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC), [2019] All ER (D) 86 (Aug)
The clear purpose of cl 11.2 in the agreement between the parties was the mandatory requirement to operate the dispute resolution procedure in cl 11 before the parties became entitled to institute proceedings. Although the term 'condition precedent' was not used, the words used were clear that the right to commence proceedings was subject to the failure of the dispute resolution procedure, including the mediation process. Accordingly, the agreement contained a dispute resolution provision that operated as a condition precedent to the commencement of legal proceedings. Consequently, the Technology and Construction Court ordered a stay of the proceedings to allow the parties to arrange and attend a mediation.
Employment
Hinrichs and others v Oracle Corporation UK Ltd UKEAT/0194/18/RN, [2019] All ER (D) 76 (Aug)
The Central Arbitration Committee (CAC) had correctly decided that in exceptional circumstances affecting employees' interests, where para 8 of Sch 1 to the Transnational Information and Consultation of Employees Regulations 1999, SI 1999/3323, as amended, applied, the employer
