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rory.mcgurk

About Rory McGurk

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So far Rory McGurk has created 76 blog entries.
10 Jul 2020

The feeling is mutual: Reciprocity of contract and enforcing obligations

by Keith Bishop, Partner - South Africa

Assisted by James Rooney, Legal Advisor - South Africa Introduction Just as everyone is growing accustomed to hearing a French maxim associated with Coronavirus (force majeure), it seemed like time to bring you a Latin one (exceptio non adimpleti contractus, “the exceptio”[1]), which is part of South African law and a concept with which the

09 Jun 2020

Covid-19: risk mitigation and confidentiality

by Mark Thomas, Director, Disputes and Expert Witness Services - Dubai

Mark Thomas, our Director of Disputes and Expert Witness Services, considers Covid-19 from a Middle East perspective, offering steps to preserve contractual rights and entitlements, privilege and confidentiality during settlement negotiations.

02 Jun 2020

Non-Probability Sampling in Construction Claims – four years since Amey LG

by David MacLellan, Paralegal - South Africa

The application of sampling has not always been well received by courts and tribunals, primarily because, by its nature, it alters the burden of proof. However, in situations involving numerous low-value items, such as minor but widespread defects, the cost and time required to prove each individual item can be prohibitive or, at least, disproportionate. This is where sampling evidence has been posited as a solution.

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