Condition precedents and the rule against redundancy in contract interpretation – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, interpretation, news, rectification by tracey

‘In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.’

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Practical Law: Construction Blog, 15th November 2017

Source: constructionblog.practicallaw.com

How testing the evidence differs in adjudication and court – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, dispute resolution, evidence, negligence, news by tracey

‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’

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Practical Law: Construction Blog, 14th November 2017

Source: constructionblog.practicallaw.com

Court of Appeal confirms meaning of section 111 of Construction Act 1996 – Practical Law: Construction Blog

Posted November 3rd, 2017 in construction industry, contracts, news by tracey

‘In Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735, the Court of Appeal has confirmed that section 111 of the Construction Act 1996 (and the requirement to serve pay less notices) applies to payments due following completion or termination of a contract, as well as interim payments.’

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Practical Law: Construction Blog, 2nd November 2017

Source: constructionblog.practicallaw.com

Chudley v Clydesdale: identifying the body – Hardwicke Chambers

Posted October 23rd, 2017 in banking, contracts, fraud, news, third parties by sally

‘A recent Commercial Court case, Chudley v Clydesdale Bank plc has provided a rare comment on the application of the Contract (Rights of Third Parties) Act 1999 (the 1999 Act) and, in particular, on how you decide whether the contract adequately identifies the third party so as to allow them to enforce the contract.’

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Hardwicke Chambers, 20th October 2017

Source: www.hardwicke.co.uk

Sparks v Biden [2017] EWHC 1994 (Ch) – Tanfield Chambers

Posted October 20th, 2017 in contracts, news, planning, sale of land, time limits by sally

‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

David Partington discusses: Time Share Mis Selling – An Introduction to Alternative Strategies – Park Square Barristers

Posted October 20th, 2017 in consumer credit, contracts, limitations, misrepresentation, news by sally

‘The standard, if unimaginative, attack on a timeshare contract is an action in breach of contract and claiming or claiming and damages under section 2(1) of the Misrepresentation Act 1967. This is a perfectly logical and valid start, but as I have written before, and will write again, the classic action in misrepresentation is a very cumbersome and formalistic cause of action. It is a construction rooted in Victorian values, and the axiom caveat emptor (buyer beware) is part of its legal DNA. No doubt it worked very well where gentlemen in stove pipe hats were buying and selling new parts for their latest foundry; it also works well when you have purchased a company after a comprehensive due diligence process and there are written representation and accounts to pore over. It is much more difficult to deploy in the modern world where “consumers” (not a concept with which the Victorians would have been comfortable) are being subject to what may loosely but accurately be called “high pressure selling techniques” which employ a mixture of half-truths and psychological exploitation.’

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Park Square Barristers, 18th October 2017

Source: www.parksquarebarristers.co.uk

Court of Appeal clarifies contractual rights for issuers of bearer notes – OUT-LAW.com

Posted October 17th, 2017 in appeals, banking, contracts, news by tracey

‘The Court of Appeal (CoA) has issued a landmark judgment which clarifies the rights and obligations for issuers of bearer notes and investors in them.’

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OUT-LAW.com, 16th October 2017

Source: www.out-law.com

“Ingenious arguments” fail to topple “smash and grab” award – Practical Law: Construction Blog

Posted October 6th, 2017 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It’s been a while since I’ve blogged about a payment notice case, and so the case of Jonjohnson Construction Ltd v Eagle Building Services Ltd caught my eye.’

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Practical Law: Construction Blog, 3rd October 2017

Source: constructionblog.practicallaw.com

Who knows where the time goes? – Practical Law: Construction Blog

Posted October 5th, 2017 in construction industry, contracting out, contracts, damages, delay, news, time limits by tracey

‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

July to September 2017 case review for construction practitioners – Practical Law: Construction Blog

Posted October 5th, 2017 in arbitration, construction industry, contracts, negligence, news by tracey

‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

High Court enforces contractual provision allocating responsibility for concurrent delay to contractor – OUT-LAW.com

Posted October 4th, 2017 in construction industry, contracts, delay, news by sally

‘The High Court has found that a clause in a construction contract which allocates the risk of concurrent delays to the contractor is valid and enforceable.’

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OUT-LAW.com, 3rd October 2017

Source: www.out-law.com

Using Part 8 to “appeal” adjudicator’s decision – Practical Law: Construction Blog

Posted September 12th, 2017 in appeals, arbitration, construction industry, contracting out, contracts, news by tracey

‘It isn’t every day that we get to refer to Will Smith’s “wicky wicky wild wild wild west“, on this blog, but Jonathan managed it last year when he discussed Fraser J’s judgment in Beumer Group UK Ltd v Vinci Construction UK Ltd. The parties have been before the court again, this time before O’Farrell J, on a Part 8 declaratory relief application. There is no mention of the wild west this time around. It was all about whether the adjudicator had correctly interpreted the parties’ sub-contract. Not a subject for cowboys!.’

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Practical Law: Construction Blog, 12th September 2017

Source: constructionblog.practicallaw.com

Asda forced to repay suppliers after breaching fair dealing code – The Guardian

Posted September 6th, 2017 in codes of practice, contracts, news, repayment, unfair commercial practices by sally

‘Asda has been forced to pay back hundreds of thousands of pounds to dozens of suppliers after breaching an industry code governing fair dealing.’

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The Guardian, 4th September 2017

Source: www.theguardian.com

Paralegal wins employment tribunal claim for £14,000 bonus from personal injury firm – Legal Futures

Posted September 5th, 2017 in contracts, employment, employment tribunals, law firms, news, paralegals by sally

‘A paralegal employed by a personal injury firm under an oral contract was entitled to a bonus payment worth almost £14,000, an employment tribunal has ruled.’

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Legal Futures, 5th September 2017

Source: www.legalfutures.co.uk

Court grants injunction to allow client access to design data held in BIM model – OUT-LAW.com

Posted August 29th, 2017 in computer programs, construction industry, contracts, injunctions, news by tracey

‘The High Court has granted an interim injunction requiring a consultant to reinstate its client’s access to design data held in a building information modelling (BIM) system to which it controlled access.’

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OUT-LAW.com, 29th August 2017

Source: www.out-law.com

Pre-action admission of contractual liability (Susan Elisabeth Wood v Days Healthcare UK Ltd) – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, contracts, news, striking out, summary judgments by sally

‘Dispute Resolution analysis: Colm Nugent, barrister at Hardwicke Chambers, explains why the appeal court will not readily countenance a complete change of case on an appeal when the claim or defence as advanced has been struck out, or summary judgment given.’

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Hardwicke Chambers, 15th August 2017

Source: www.hardwicke.co.uk

Not up for Negotiation: Court of Appeal Clarifies the Meaning of ‘Written Standard Terms of Business’ By Benjamin Gray – Littleton Chambers

Posted August 22nd, 2017 in agreements, appeals, contracts, news by sally

‘The Unfair Contract Terms Act 1977 is a powerful way to avoid exclusions of liability. Its power, however, is tempered by need for one party to deal with the other ‘as a consumer or on the other’s written standard terms of business’ (s. 3(1)).’

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Littleton Chambers, 19th July 2017

Source: www.littletonchambers.com

Supreme Court rules on contractor’s liability for design – OUT-LAW.com

Posted August 4th, 2017 in construction industry, contracts, energy, guarantees, news by sally

‘A warranty provided by construction company MT Hojgaard (MTH) that the underlying works would have a service life of 20 years took precedence over conflicting terms in the contract, including adherence to industry standards, the UK’s highest court has ruled.’

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OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Mike Ashley wins high court battle over ‘£15m pub deal’ – The Guardian

Posted July 26th, 2017 in contracts, enforcement, news by sally

‘Newcastle United owner and Sports Direct boss Mike Ashley has won a high court battle with investment banker Jeffrey Blue over a £15m deal allegedly made in a London pub.’

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The Guardian, 26th July 2017

Source: www.theguardian.com