UK: Case Law Review - Construction, Property & Real Estate (September 2008)

Last Updated: 12 September 2008
Article by Keating Chambers


Natural Justice

Cantillon Ltd v Urvasco Ltd [2008] 117 Con LR 1 TCC
Already reported in BLR, in a piling dispute referred to adjudication, the defendant argued unsuccessfully that the adjudicator had breached the rules of natural justice. The court held that if one party argued a point and the other failed to address it that was not the adjudicator's fault. In ascertaining what the dispute comprised, the claimant was not limited to matters raised before it crystallised. The court had to consider the severability, or separate enforceability, of different parts of the decision.

Construction Law Journal 2008 Vol.24 No.5 contains the following articles:

Adjudication – the New Zealand position
by Tómas Kennedy-Grant QC, Auckland

Construction Act Review
by Peter Sheridan and Dominic Helps, Shadbolt & Co. comprises two papers from the Association of Independent Adjudicators Conference, London, April 2008:

Adjudication Case Law Update
by Sean Brannigan, 4 Pump Court
on Cantillon v Urvasco

and Reflections on Alternative Dispute Resolution – think A or D
by Sir Anthony Evans QC

See Avoncroft Construction v Charba Homes under Keating Chambers Reported Cases on contractual defence to liquidated damages based on partial possession, set-off and validity of withholding notice.


NHBC Conciliation

Holloway v Chancery Mead Ltd [2008] 117 Con LR 30 TCC
The claimants sought to refer to the NHBC Arbitration Scheme financial disputes relating to defects in a newly built house. The defendants argued that it was a condition precedent for the dispute to be referred to conciliation with the NHBC Resolution Service. The court held that NHBC Resolution was not applicable to seller-buyer disputes of this kind, so it was not a condition precedent to arbitration. It was held per curiam that the reference to the NHBC Resolution Service would have been sufficiently certain to identify it.

See Cubitt Building and Interiors v Richardson Roofing (Industrial) under Keating Chambers Reported Cases on refusal of stay of arbitration pending adjudication and incorporation of contract terms.

Arbitration International 2008 Vol. 24 No. 2 contains the following articles:

W(h)ither international commercial arbitration?
by Charles Brower, 20 Essex Street

Arbitral jurisdiction and the dimensions of 'consent'
by Alan Scott Rau, University of Texas at Austin

The settlement privilege
by Klaus Peter Berger, University of Cologne

The status of vacated awards in France: the Cour de Cassation decision in Putrabali
by Philippe Pinsolle, Shearman & Sterling, Paris

Prudent anticipation? The arbitration of public company shareholder disputes
by Perry Herzfeld, Allens Arthur Robinson, Melbourne

International Arbitration Law Review 2008 Vol. 11 Issue 3 contains the following articles:

When is an arbitration agreement 'inoperative'?
by Max Bonnell, Mallesons Stephen Jaques, Sydney

International commercial arbitration and Constitutional Court review: contemporary trends and national policies
by Mohamed S. Abdel Wahab, Shalakany Law Office, Egypt

Independence and impartiality of arbitrators
by Shivani Singhal, National Law School of India, Bangalore

Extension of time for challenge refused

Colliers International Property Consultants v Colliers Jordan Lee Jefaar Sdn Bhd [2008] All ER (D) 50
In a dispute between members of the international property consultancy, Colliers, and a former member of the group, the defendant, the latter applied for an extension of time to challenge the award under s.68 of the Arbitration Act for serious irregularity and also to set aside the order that the award be entered as a judgment. The grounds were procedural flaws but the court held that they were properly corrected by giving the claimants seven days to remedy the (minor) deficiencies. The defendant's application was dismissed.

No costs for invalid arbitration

Crest Nicholson (Eastern) Ltd v Western [2008] All ER (D) 249 TCC
In a dispute over the NHBC Buildmark scheme, the court held that an arbitrator who had heard submissions from both parties had no jurisdiction, because there was no arbitration clause in the Buildmark policy. This gave rise to the question as to whether the court could award costs in respect of the invalid arbitration. It was held that there was no clear statutory power to do so, and so the court could not make such an award.

See Cubitt Building & Interiors v Richardson Roofing (Industrial) under Keating Chambers Reported Cases on refusal of stay of arbitration pending adjudication.

See L Brown & Sons v Crosby Homes (North West) under Keating Chambers Reported Cases on an application to extend time limit for challenge to award and serious irregularity based on fraud/breach of public policy.

See Taylor Woodrow v RMD Kwikform under Keating Chambers Reported Cases on whether arbitration had been validly commenced by a letter from the claimant.

Construction Law Journal 2008 Vol.24 No.5 contains the following articles:

Arbitration and ADR in the German construction industry
by Dr. Susanne Kratzch, Thümmel, Shütze and Partners, Stuttgart

International commercial arbitrations in the United Kingdom: the Scottish dimension
by Richard Anderson, Arbitration Chambers

Dispute Resolution Magazine Vol.14 No.3 and 4 Spring/Summer 2008 contains the following articles:

The future of ADR
by David Hoffman, Boston Law Collaborative

Dispute resolution and the quest for justice
by Jean Sternlight, University of Nevada

Looking forward in mediation
by Linda Singer and Michael Lewis, Washington DC

Business arbitration can and should be improved in the United States
by Kathy Bryan and Helena Tavares, CPR Institute, New York

Reflections on institutionalizing mediation
by Geetha Ravindra

ADR and Family Law
by Gregg Herman, Loeb & Herman, Milwaukee

The ADR Case Evaluator's role in contemplated and pending litigation
by the Hon Allen van Gestel, Boston

Doing the best mediation you can
by John Lande, University of Missouri

Improving mediation training and regulation through collaborative assessment
by Ansley Barton

Dispute Resolution Magazine Vol.14 No.2 Winter 2008 contains the following articles:

Consent in mediation
by Jacqueline Nolan-Haley, Fordham University

Achieving meaningful threshold consent to mediator style(s)
by Frank Sander, Harvard Law School

Midstream mediator evaluations and informed consent
by John Cooley, Northwestern University and Lela Love, Yeshiva University

Informed consent in public sector dispute resolution
by Patrick Field, University of Montana

Consent in international mediation
by Melanie Greenberg

The (new) ethics of collaborative law
by Scott Peppet, University of Colorado


Letter of intent and formation of contract

RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co [2008] BLM Vol. 25 No. 6 TCC
The defendant dairy manufacturer wished to retain the claimant to supply services for automation of processes and equipment. After providing some quotations, the claimant was awarded the contract and a letter of intent was issued by the defendant, confirming its wish to proceed with the project 'as set out in the offer' subject to finalisation of price and completion date and stating that it would be using an amended version of the MF/1 form of contract, to be executed within 4 weeks. The claimant started work and negotiations proceeded, during which the letter of intent was extended for some three months. A final draft contract was produced but never signed and disputes arose, leading the claimant to commence proceedings. The court held that the letter of intent had constituted a counter-offer. The final draft had never become binding, but after the eventual lapse of the letter of intent, the parties had reached full agreement on the obligations relating to the work.

Take or pay clause

M&J Polymers Ltd v Imergys Minerals Ltd [2008] 117 Con LR 88 Commercial Court
A take-or-pay clause required the buyers to take a minimum quantity of products or pay for a minimum if they did not order enough. The defendant argued that this was a penalty clause. The court found that on the facts the clause was not a penalty, but it was not correct to say that a take-or-pay clause could not be a penalty. As a matter of principle, the rule against penalties could apply to a take-or-pay clause even when expressed as a claim in debt. The Con LR editors note that this appears to be the first reported case on the point.

Construction Law Vol. 19 Issue 6 July 2008 contains the following articles:

New text not always an improvement
by Michael Phipps, Thurston Consultants (on JCT 2005 With Quantities)

Peace in the brave NEC world?
by Sam Boyling, Pinsent Masons

Project insurance – the perfect answer?
by John D. Wright, JD Risk Associates

The Office of Fair Trading objects
by John Pheasant and Marceline Tournier, Hogan & Hartson

International Construction Law Review Vol. 25 Part 3 July 2008 contains the following articles:

Contract issues in the use of Construction Building Information Modelling
by Kimberley Hurtado and Patrick O'Connor, Faegre & Benson, Minneapolis

The use and abuse of first demand guarantees in international construction projects
by Philip Dunham, Decherts, Paris

Tendering procedure at common law
by RH Christie, University of Cape Town

The right law for construction? Choice of law and European reform
by Philip Britton, King's College, London

Use of sub-criteria and marking unlawful

Lettings International Ltd v London Borough of Newham [2008] EWHC 1583 QBD
Lettings, the unsuccessful tenderers for two framework agreements covering procurement, maintenance and management of dwellings for Newham, succeeded in their challenge of the tendering and award process. After first obtaining an injunction (upheld at [2007] EWCA Civ 1522) to stop the award, at the trial they established breach of the Public Contracts Regulations 2006 by Newham. Newham had failed adequately to disclose its award criteria and weightings in advance and specifically had used sub-criteria which were not disclosed, and which were not mere scoring machinery, as Newham tried to contend. Newham had also failed to be transparent in its scoring, offering only 3 out of 5 for fully meeting a criterion and reserving the remaining two marks for those who exceeded it. Some, although not all, of the 'manifest errors' in marking were also held to be established. The recent decision of the ECJ in Lianakis v Dimas Alexandroupolis was applied.


Construction Law Vol. 19 Issue 6 July 2008 contains the following articles:

Trouble with the LADs
by Shona Frame, MacRoberts
(on Reinwood v L Brown & Sons - John Marrin QC and Stephen Furst QC)

Litigation insurance and funding
by James Delaney, The Judge

Have you been Wronged?
by Paul Newman, 3 Paper Buildings
(on litigation costs and fees)

For your eyes only?
by John Sheils, Shadbolt & Co
(on privilege and disclosure)

Unjust enrichment claim fails

JS Bloor Ltd v Pavillion Developments Ltd [2008] BLM Vol. 25 No. 6 TCC
The claimant contractor failed in its action for recompense from the defendant developer in respect of an access road which the claimant had constructed under a mistake, thus discharging the developer's obligations. The claimant failed to satisfy the judge that the defendant had received a benefit or that there had been any enrichment which was unjust.

Bribery and fraudulent misrepresentation

Ross River Ltd v Cambridge City Football Club [2008] 117 Con LR 129 Ch. Div
The football club succeeded in obtaining an order to rescind transactions for the transfer of its ground to a developer on the grounds of fraudulent misrepresentations made by representatives of the developer and bribes paid in the form of payment made to the club's Chief Executive.

Contract Disputes

See Seele Austria v Tokio Marine Europe Insurance under Keating Chambers Reported Cases on the scope of indemnity under contractors all risk insurance.

Implied terms and best endeavours

Onesteel Manufacturing Pty Ltd v United KG Pty Ltd [2008] Con LJ Vol.24 No.5 431 Supreme Court of South Australia
Employer Onesteel engaged contractor United to reline and upgrade a blast furnace under a Target Estimate Contract designed to minimise shut-down time. There was over-run on time and a large additional cost claim by the contractor. The court was asked to consider what terms should be implied into the contract regarding recoverability of reimbursable costs and time-bars as a condition precedent to claims. The court held that the contractor's entitlement to reimbursement was subject to an implied term that the costs were reasonably and properly incurred. If the contractor could show this, that would be sufficient to show 'best endeavours.' The contractors' claims could be barred by failure to comply with a time-limit for their submission.

International Construction Law Review Vol.25 Part 3 July 2008 contains the following article:

The quantification of termination claims in construction
by Franco Mastrandrea.


Nuisance and Rights to Light

Forsyth-Grant v Allen [2008] BLM Vol. 25 No. 6 CA
The Court of Appeal dismissed an appeal by a hotel owner against an award of damages for nuisance and interference with rights to light against the developer of an adjoining site. The appellant would be restricted to damages for the limited infringement of the rights to light and could not claim damages for the benefit obtained by the developer. Such a basis was not appropriate for a claim in nuisance either. The court noted the appellant's unreasonable refusal to co-operate in assessing the extent of the infringement.

SAAMCO revisited by the Lords

Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48 HL
Following delays, a ship which was subject to a charter was not available to the new charterers. The owners of the ship claimed damages from the charterers for the loss of the difference between original rate of hire and reduced rate agreed for late delivery. The charterers denied that damages should relate to dealings with the new charterers but should be the difference between market rate and charter rate. During 2004, market rates had more than doubled. The majority arbitrators found for the owners, on an application of the first limb of Hadley v Baxendale. The Commercial Court and Court of Appeal upheld this. Lord Hoffmann and the House of Lords, however, allowed the appeal by the charterers:

"If, therefore one considers what these parties, contracting against the background of market expectations found by the arbitrators, would reasonably have considered the extent of the liability they were undertaking, I think it is clear that they would have considered losses arising from the loss of the following fixture a type or kind or loss for which the charterer was not assuming responsibility".

As well as Hadley v Baxendale, Lord Hoffmann and Baroness Hale considered South Australia Asset Management v York Montague (Vincent Moran) on the role of foreseeability of loss exacerbated by market movement in measure of damages.


The Commercial Litigation Journal No. 18 March/April 2008 contains the following articles:

Legal advice privilege: secrets and advice
by Michelle Radom, Clyde & Co

Injunctions and disclosure: when is it worth revealing unhelpful information?
by Andrew Howell and Dan Smith, Barlow Lyde & Gilbert

Online defamation: tackling e-libel
by Nicola Bridge and Honor Levy, SJ Berwin

Community design rights: Irish court gives fashion tips
by Nathan Smith, Dechert

BITs: investment protection in central and eastern Europe
by Rotislav Pekar and Roman Prekop, Squire Sanders

Mediation: will the lame duck fly?
by Richard Perkoff, Littleton Chambers

Middle East: the legal area in the Arab states
by Dr. Mark Hoyle, Tanfield Chambers

The Commercial Litigation Journal No. 19 May/June 2008 contains the following articles:

Shareholders' remedies: horses for courses
by Angelina Suvorova, University of Edinburgh

Woolf reforms: quantum of injustice
by Geraint Lewis QC, Tanfield Chambers

Mediation: hard times demand creative solutions
by Stephen Barker, Reed Smith

Legal Services Act 2007: teach your team to fish while you have the time
by Jane Ching, Nottingham Law School

International arbitration: if at first you don't succeed ...
by James Hargrove, Hogan & Hartson

Sub-prime litigation: big in America
by David Greene, London Solicitors Litigation Association

EU Mediation Directive: back into the draft
by Richard Perkoff, Littleton Chambers

Costs: seeking security
by Chris Warren-Smith and Ian Pegram, Fulbright & Jaworski

Security for costs

Lobster Group Ltd v Heidelberg Graphic Equipment Ltd [2008] 117 Con LR 64 TCC
Already reported in BLR, Coulson J concluded that legal costs of participating in a mediation are in principle recoverable costs, if the mediation was convened after issue of proceedings, although not if convened before. The dispute in this aspect of the (non-construction) case concerned the quantification of the security for costs to be given by the claimant.

Pre-action protocol

Orange Personal Communications Services Ltd v Hoare Lea [2008] 117 Con LR 76 TCC
The court considered authorities on its case management powers. In deciding whether proceedings should be stayed for the TCC Pre-Action Protocol process, especially where there are Part 20 proceedings, the following considerations are relevant: (i) when it was known that the party was going to be joined (ii) what information that party had been given and when (iii) how large a part that party would play (iv) what stay could be accommodated without jeopardising the whole timetable (v) any requirement of justice regarding delay of whole timetable and trial date (vi) whether costs order could compensate (vii) alternatives to a stay (viii) utility of stay/protocol process. The Con LR Editors note that the judge was "clearly disinclined to rule conclusively that the non-compliance actually increased the defendant's costs of the proceedings overall".

Costs on abandonment of item and mediation

Nigel Witham Ltd v Smith [2008] 117 Con LR TCC
Already reported in TCLR and CILL, the defendant clients were held to be the successful party, in that the claimant designers had had to pay them a small amount as the net result of an action for fees with a counterclaim, subject to a 15% reduction in respect of a counterclaim item which had been abandoned. The judge rejected the claimants' allegation that the defendants had refused to mediate, although he doubted whether an early mediation would have led to a settlement in the case.

Summary judgment

Landfast (Anglia) Ltd v Cameron Taylor One Ltd [2008] 117 Con LR 53 TCC
Landfast Ltd, a development company, formed Landfast (Anglia) Ltd as a vehicle for a specific development. This action was brought by them against the defendants' consulting engineers, alleging that they had failed to advise on the amount of site preparation needed, so that too high a price was paid. The defendants sought summary judgment on the ground that rights had been assigned between the companies. The court refused to strike out the claim, as it was arguable that Landfast (Anglia) could claim full value. Reference was made to Offer–Hoar v Larkstore (Christopher Thomas QC and Gaynor Chambers).

Costs for failure to comply with Protocol

TJ Brent Ltd v Black & Veatch Consulting Ltd [2008] All ER (D) 396 TCC
A claim had been made by the employers against the claimant contractors and the contractors had commenced proceedings against the defendant engineers, who denied all liability and refused to attend meetings to discuss the matter. The employer's claim was settled by the claimant, who now sought a contribution from the defendant under the Civil Liability Contribution Act. The defendant made an application for costs against the claimant for non-compliance with the Pre-Action Protocol. The application was refused; any non-compliance was technical and the application was intended to secure a tactical advantage.


Diamond Build Ltd v Clapham Park Homes Ltd [2008] All ER (D) 353 TCC
A letter of intent for a refurbishment project was held to have given rise to a simple contract with all the necessary elements, to cover the period until a formal contract could be entered into. The claimant successfully contended that the contract was based upon the standard form referred to in the specification.
Marc Rowlands

Taylor Woodrow Construction v RMD Kwikform Ltd [2008] BLR 383 TCC
Following collapse of scaffolding provided by the defendant, the claimant's solicitors sent a letter noting the contract contained provision for arbitration and asking whether the defendant would rely on that or would agree to participate in litigation. The claimant then obtained unilateral appointment of an arbitrator by the President of the Chartered Institute of Arbitrators. The court accepted the defendant's contention that there had been no valid reference and so no commencement of the arbitration. The arbitrator was thus not validly appointed. The claimant's letter had not been objectively clear and was thus not sufficient to commence proceedings.
David Thomas QC

Seele Austria v Tokio Marine Europe Insurance [2008] BLR 337 CA
The Court of Appeal, by a majority, allowed the appeal by the claimant, the insured party under a Contractors All Risk policy, against the Commercial Court's decision in favour of the insurer. The first instance court had held the contractors not entitled to an indemnity in respect of loss and expense sustained in doing remedial work to defective windows which they had installed, because it was intentional damage. The CA held that, although the cost of making good defects was not in itself recoverable under the policy, remedial work was necessary to preserve the physical integrity of the building, which was covered by the indemnity.
Adrian Williamson QC

Cubitt Building & Interiors Ltd v Richardson Roofing (Industrial) Ltd [2008] BLR 354 TCC
Already reported in CILL, in refusing the claimant's application for a stay of arbitration pending adjudication, the court emphasised that whether there should be a stay during the arbitration was entirely a matter for the arbitrator's discretion. There is no obligation, either under the DOM/I conditions incorporated into the sub-contract, or under the HGCR Act, to refer a dispute to adjudication, but a party can do so at any time. If involved in arbitration, application would be made for relief which could be built into the arbitration timetable if the arbitrator thinks fit because applying the overriding objective, it involves a prospect of resolution. However, an order for a stay should not be granted if it would prevent expeditious resolution by arbitration (or litigation) already commenced.
Gaynor Chambers

L Brown & Sons Ltd v Crosby Homes (North West) Ltd [2008] BLR 366 TCC
This is a sequel to the TCC adjudication case in 2005 between the parties (Simon Hargreaves and Alexander Nissen QC). This litigation concerned an application to challenge an award for serious irregularity out of time (by 66 days) and whether the delay could be excused by reference to the failure of the other side's solicitor to respond to a letter concerning alleged omissions in disclosure. The court made a statement on the principles for considering application to extend time limits under the Arbitration Act: a weak case would add weight to the party resisting the application, a strong case would militate in favour of an extension. A case which was neither weak nor strong would be insufficient to add weight to the application. On these facts, the application should have been brought within the time limit. Deliberate withholding of documents ordered to be produced might be reprehensible and contrary to public policy, but not where there was no such order.
Marc Rowlands
Nerys Jefford QC

Avoncroft Construction Ltd v Charba Homes (CN) Ltd [2008] TCLR 7 TCC
Although that was chiefly on the issue of entitlement to a stay of enforcement of an adjudicator's decision due to claimant's financial position. The TCLR report also deals with the contractor's contractual defence to a claim for liquidated damages and employer's set-off rights and the invalidity of a withholding notice served out of time. The contractor's defence was based on a partial possession argument.
James Thompson

Note that the defendant is referred to as 'Sharba' but correctly reported as Charba elsewhere.

The articles and papers published by Keating Chambers are for the purpose of raising general awareness of issues and stimulating discussion. The contents must not be relied upon or applied in any given situation. There is no substitute for taking appropriate professional advice.

For further information on how our members can assist you, please contact the Senior Clerks, John Munton and Nick Child, in the first instance, on +44 (0) 20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.


To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.