50 results
18 Oct 2018 08:55
Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA Civ 2222In Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA 2222, the Court of Appeal, reversing the decision of the High Court, held that a liability cap had been incorporated into an interim contract despite the lack of agreement over a final Protocol Agreement. Background Buchan, now AMEC, acted more...
18 Oct 2018 08:45
Legal Cheek interview with Simon KerryIn his recent interview with Legal Cheek, Simon Kerry talks about life as a junior barrister at Hardwicke. Simon spent four years as a tax associate at accountancy giant PwC before joining Hardwicke as a pupil. A “love for advocacy” prompted his career switch, he says, adding: “I like the excitement more...
11 Oct 2018 11:32
Bond v Mackay & Ors [2018] EWHC 2475 (TCC)The TCC found that an arbitrator was wrong to decline jurisdiction in the recent case of Bond v Mackay & Ors [2018] EWHC 2475 (TCC). Background The third Defendant entered into a deed in June 1994 (“the Deed”) so as to be permitted to run a gas pipeline under the Claimant’s land. Then on 12th more...
4 Oct 2018 08:35
Focus on modular construction as NEC issues new practice noteOn 25 September 2018, the NEC issued a practice note explaining how the NEC4 suite of contracts can be used to support the use of offsite modular construction. The note expressly refers to the Transforming Infrastructure Performance programme launched by the Infrastructure and Projects Authority more...
24 Sep 2018 13:33
Transfer Of Proceedings Within England And Wales: Is It Time To Take A Fresh Look At Jurisdiction Clauses?Jonathan Selby QC and Emma Healiss explore the benefits and challenges of regional transfer of proceedings, and consider how jurisdiction clauses may provide a solution. Introduction The introduction of the Business and Property Courts is intended to promote a stronger culture of a more unified more...
19 Mar 2018 11:24
Moonlighting: the latest word on vicarious liabilityThe run of recent appellate decisions on vicarious liability continues in the case of Frederick and others v Positive Solutions (Financial Services) Limited [2018] EWCA Civ 431. On this occasion, the Court of Appeal has decided that a financial adviser was not vicariously liable for fraudulent more...
21 Feb 2018 15:53
Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2018] EWHC 118 (Ch)Norris J has handed down judgment in the case of Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd. The case was about an overage payment of £1.4million. The key issues were: (a) the meaning of an obligation on a developer (Abbeygate) to use “reasonable endeavours” to achieve “as soon as more...
“Fitness for Purpose” obligations in construction contracts:
The Supreme Court decision in MT Højgaard v E.ON
In a rare decision concerning a construction contract, the Supreme Court held that a “fitness for purpose” obligation contained within a schedule to a construction contract was to be given its natural meaning and effect, and that the warranty of fitness was not inconsistent with the other terms of more...
Adjudication enforcement and stays of execution
Equitix v Bester [2018] EWHC 177 (TCC) demonstrates some of the (rare) risks facing parties seeking to enforce adjudication decisions. After written and oral submissions, the Court ordered a substantial partial stay of execution (£4.5m) on enforcement of the adjudicator's decision. The decision may more...
8 Feb 2018 17:51
Be careful and honest in what you say: fraud in arbitrationVincent Moran QC acted for the successful Claimant in Celtic v Knowles, the first reported decision under the 1996 Arbitration Act (“the Act”) in the construction field setting aside or remitting an award in arbitration because it was obtained by fraud. In this article he lays out the background to more...
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