Adjudicator’s chicken and egg jurisdictional dilemma – Practical Law: Construction Blog

Posted October 5th, 2018 in building law, contracts, dispute resolution, jurisdiction, news by tracey

‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’

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Practical Law: Construction Blog, 2nd October 2018

Source: constructionblog.practicallaw.com

Court delivers warning blow to parties seeking to rely on force majeure clauses – OUT-LAW.com

Posted September 25th, 2018 in contracts, news, ships by sally

‘The English High Court has ruled that a charter company was in breach of contract when it failed to provide cargoes to a ship owner – but that the contract’s ‘force majeure’ clause means it escapes paying damages.’

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OUT-LAW.com, 24th September 2018

Source: www.out-law.com

Arbitration clause “trumps” Part 8 application to overturn adjudicator’s decision – Practical Law: Construction Blog

Posted September 20th, 2018 in arbitration, construction industry, contracts, costs, news, stay of proceedings by tracey

‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’

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Practical Law: Construction Blog, 18th September 2018

Source: constructionblog.practicallaw.com

Risky business: Offshore drilling and using force majeure as an exit route – Practical Law: Construction Blog

Posted September 12th, 2018 in construction industry, contracts, news by tracey

‘A contract can be a long term commitment. Over the course of a contract, things happen. Circumstances change. Force majeure clauses generally allow parties to allocate contractual risk, by limiting liability, excusing performance or providing for termination, if unusual or unfortunate circumstances arise. However, the recent case of Seadrill v Tullow reminds us that it is not all that easy for a party to seek to avoid obligations it has freely undertaken.’

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Practical Law: Construction Blog, 10th September 2018

Source: constructionblog.practicallaw.com

Discontinuance, costs, and multiple Defendants: BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) – Zenith PI

Posted September 12th, 2018 in construction industry, contracts, costs, news, warehousing by tracey

‘This case is a reminder, if any were needed, of the difficulties facing Claimants in deciding whether or not to pursue multiple Defendants.’

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Zenith PI, 10th September 2018

Source: zenithpi.wordpress.com

Vinci v Beumer: the case that keeps on giving (and giving) – Practical Law: Construction Blog

Posted September 6th, 2018 in appeals, arbitration, construction industry, contracting out, contracts, news by tracey

‘It is the start of autumn and July seems a long way off now, with the summer holidays all over and the World Cup just a distant memory. Consequently, it may be easy to have forgotten about Vinci Construction UK Ltd v Beumer Group UK Ltd, which had its latest outing in the TCC at the end of that month. This time it was Jonathan Acton Davis QC (sitting as a deputy High Court judge) who enforced the adjudicator’s decision and dismissed Beumer’s (the sub-contractor) arguments that the adjudicator was in breach of the rules of natural justice.’

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Practical Law: Construction Blog, 4th September 2018

Source: constructionblog.practicallaw.com

Judge overturns south London hospital’s ban on heart surgeon – The Guardian

Posted August 29th, 2018 in contracts, disciplinary procedures, doctors, hospitals, news by sally

‘A heart surgeon excluded from working at a hospital pending disciplinary proceedings has said she is delighted to win the latest stage of a high court fight.’

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The Guardian, 28th August 2018

Source: www.theguardian.com

The end of signing on the dotted line? E-signatures are as valid as paper ones, Law Commission says – Daily Telegraph

Posted August 21st, 2018 in consultations, contracts, documents, Law Commission, news by sally

‘Signing on the dotted line has been the seal on deals and contracts for hundreds of years.’

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Daily Telegraph, 21st August 2018

Source: www.telegraph.co.uk

Losing out on loss of bargain when terminating in reliance upon contractual rights – Hardwicke Chambers

Posted August 9th, 2018 in construction industry, contracts, insolvency, news by sally

‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency.’

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Hardwicke Chambers, 5th July 2018

Source: www.hardwicke.co.uk

Trafficking victim awarded High Court damages in minimum wage and harassment claims – Cloisters

‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’

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Cloisters, 11th July 2018

Source: www.cloisters.com

Bennett v Bennett & Others [2018] EWHC 1931 (Ch) – Tanfield Chambers

Posted August 6th, 2018 in contracts, estoppel, news, sale of land, trusts by sally

‘Tanfield barristers Marc Glover and Chloe Sheridan successfully represented the Claimants in a High Court dispute over East Thurrock United Football Club. In a judgment handed down on 25th July 2018, the Court dismissed the defendant’s and additional parties’ claims to a share in the land used by the Football Club, claimed to be worth £10 million.’

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Tanfield Chambers, 6th August 2018

Source: www.tanfieldchambers.co.uk

What are you implying? The role of implied terms in contract interpretation – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, contracts, drafting, interpretation, news by tracey

‘Recent cases, including the Court of Appeal’s judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract.’

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Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

Concurrent delay risk can be allocated by contract, confirms Court of Appeal – OUT-LAW.com

Posted August 1st, 2018 in construction industry, contracts, delay, news by sally

‘Parties to building contracts are free to agree on how to allocate the risk of concurrent delay to works, the Court of Appeal ruled on Monday.’

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OUT-LAW.com, 30th July 2018

Source: www.out-law.com

High Court rejects MRO’s bid for summary judgment over £1.6m “owed” by law firm – Litigation Futures

Posted July 31st, 2018 in contracts, fees, law firms, news, summary judgments by sally

‘The High Court has rejected an application for summary judgment by a medical reporting agency seeking to reclaim almost £1.6m in fees from a law firm.’

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Litigation Futures. 30th July 2018

Source: www.litigationfutures.com

Legal challenge to the new model of health and social care bodies – Community Care Blog

Posted July 13th, 2018 in community care, contracting out, contracts, health, news by tracey

‘In the recent case of R (Hutchinson & Anor) v Secretary of State for Health and Social Care & Anor the Administrative Court considered a challenge to the creation of a new model for the provision of health and social care in England.’

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Community Care Blog, 10th July 2018

Source: communitycare11kbw.com

Losing out on loss of bargain when terminating in reliance upon contractual rights – Practical Law: Construction Blog

‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency. On the surface, terminating appears as simple as writing to the liquidator citing the relevant provision, and declaring the contract to be at an end. However, a potential trap awaits the unwary. Unwitting sub-contractors may inadvertently forfeit any right to claim loss of bargain damages, that is, the loss of profits that would have been made had the contract carried through to completion. This is potentially a highly lucrative right, particularly if the sub-contractor is at the start of a multi-year project that was expected to generate significant future earnings. This result arises from the case of Phones 4U Ltd (in administration) v EE Ltd.’

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Practical Law: Construction Blog, 4th July 2018

Source: constructionblog.practicallaw.com

CVA should not proceed following emergence of £126m claim, says UK court – OUT-LAW.com

Posted June 29th, 2018 in company law, contracts, insolvency, news by tracey

‘The Court of Appeal in England and Wales has ruled that a company voluntary arrangement (CVA) should not continue after the emergence of a new claim for £126 million against the insolvent company. The ruling underlined how important clarity and specificity are in contract terms.’

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OUT-LAW.com, 29th June 2018

Source: www.out-law.com

The CoA finds that a bank was contractually entitled to comply with foreign court orders – OUT-LAW.com

Posted June 27th, 2018 in banking, contracts, foreign jurisdictions, freezing injunctions, news by tracey

‘The Court of Appeal (CoA) has dismissed an appeal in which the Republic of Kazakhstan (RoK) and its national bank argued that their custodian bank, Bank of New York Mellon (BNYM), had acted in breach of contract by freezing their assets in accordance with foreign court orders.’

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OUT-LAW.com, 26th June 2018

Source: www.out-law.com

Grove v S&T cited as court dismisses winding up petition (Chancery Division) – Practical Law: Construction Blog

Posted June 22nd, 2018 in contracts, debts, news, winding up by tracey

‘In Victory House General Partner Ltd, Re A Company [2018] EWHC 1143 (Ch), the court dismissed a party’s winding-up petition as the employer’s cross-claim was bona fide and the debt was disputed on substantial grounds.’

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Practical Law: Construction Blog, 22nd June 2018

Source: uk.practicallaw.thomsonreuters.com

“Poorly drafted” CFA that named wrong defendant still valid, Court of Appeal rules – Litigation Futures

Posted June 20th, 2018 in contracts, drafting, fees, interpretation, news by sally

‘A conditional fee agreement (CFA) that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled.’

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Litigation Futures, 20th June 2018

Source: www.litigationfutures.com