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Global Claims in Common Law Jurisdictions

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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.