All Case of the week articles – Page 5
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CommentExaggerated claims: Brit Inns Ltd & Another v BDW Trading Ltd (No 2)
In this case the defendant failed to adequately protect its position on costs with an effective Part 36 offer
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CommentPublic procurement: Turning Point vs Norfolk council
In this case the TCC considered issues of limitation as well as qualifications/caveats to tenders in public procurement
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CommentArbitration clauses: Merit Process Engineering Ltd vs Balfour Beatty Engineering Services Ltd
It is essential that parties agree on the price to be paid for works under a contract, or at least agree on a mechanism for determining the price subsequently
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CommentDisclosure of expert advice: Odedra & another vs Ball & another
Bear in mind the possibility that expert advice obtained early in legal proceedings may become disclosable
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Archive TitlesSettlement agreements and exclusion of liability for defects: Point West London Ltd v Mivan Ltd
Technology & Construction Court considers the meaning of the phrase ‘full and final settlement in respect of any and all outstanding matters’ in a settlement agreement
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Archive TitlesAll reasonable endeavours: Jet2.com Ltd vs Blackpool Airport Ltd
If your contract has an endeavours clause on it, all parties need to be clear on its objective
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CommentLegal privilege: Walter Lilly & Company Ltd vs 1) Mackay 2) DMW Developments Ltd
Do documents created by a claims consultant fall under the legal advice privilege?
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CommentPart 8 declaration declined: R&C Electrical Ltd vs Shaylor Construction Ltd
This case reaffirms the principle that in limited circumstances a party may set off against an adjudicator’s decision
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CommentPart 36 offers: Phi Group Ltd v Robert West Consulting
In this case the Court of Appeal considered the requirements of Part 36 offers and overturned a costs decision in the Technology & Construction Court
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CommentCrystallisation of disputes: Working Environments vs Greencoat Construction
In this case a Judge examined whether it was possible to severe an adjudicator’s decision to exclude issues that fell outside of a crystallised dispute
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CommentGuarantees emails enforceability: Golden Ocean Group Ltd vs (1) Salgaocar Mining Industries PVT Ltd (2) Mr Anil V Salgaocar
This case showed that even informal communications such as a string of emails can constitute binding obligations
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CommentProcurement of a performance bond: Sweett (UK) Ltd vs Michael Wight Homes Ltd
This case acts as a warning to consultants regarding what their obligations are with regards to obtaining bonds from contractors
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CommentWest Tankers vs Allianz Spa and others: Declaratory award
This case highlighted the court’s power to allow an arbitral award to be entered as judgment, a broader interpretation of section 66 of the Arbitration Act
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CommentPayment terms under NEC3: SGL Carbon Fibres Ltd vs RBG Ltd
This case found that an employer bore the burden of proof when seeking to recover alleged overpayments to a contractor under NEC3
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CommentNatural justice: Highlands and Islands Airports Ltd vs Shetland Island Council
An adjudicator who sought advice on a legal point but didn’t declare it found himself under the spotlight for breaching the rules of natural justice
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CommentAdjudicator's fees and failure of consideration: Systech vs Harrington
If an adjudicator’s decision is unenforceable by reasons of failing to comply with natural justice, he is still entitled to payment
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CommentJurisdiction and stay of execution: Partner Projects Ltd vs Corinthian Nominees Ltd
This case highlighted the issue of whether an adjudicator can award interest on top of a claim, and when a stay of interest can be granted
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CommentRegularly and diligently: Leander Construction Ltd vs Mulalley & Co Ltd
This case sets out the law regarding implied terms requiring a party to proceed regularly and diligently
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CommentContract interpretation: Kookmin Bank vs Rainy Sky SA & others
This case showed that the courts will recognise the interpretation of a contract that is most consistent with business common sense
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CommentLiability for CITB levy: CITB vs Beacon Roofing
In this case, the meaning of the contract and context were taken into account rather than the reasons for entering the contract