New Judgment: Barton and others v Morris and another in place of Gwyn-Jones (deceased) [2022] UKSC 3 – UKSC Blog

Posted January 26th, 2023 in contracts, estate agents, fees, news, sale of land, Supreme Court by sally

‘Foxpace Limited (“Foxpace”), the Fourth Respondent, owned a property known as Nash House in London. This appeal concerns an oral agreement between Foxpace and Mr Barton, the First Respondent, about Nash House. In the High Court it was held that Foxpace agreed to pay Mr Barton £1.2 million if he introduced a purchaser for Nash House who bought it for £6.5 million. The £1.2 million represented deposits and other expenses that Mr Barton had lost on two previous attempts to buy Nash House.’

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UKSC Blog, 25th January 2023


Court bid to protect tenants from ‘ghost landlords’ – BBC News

‘Housing campaigners hope a Supreme Court ruling to legally define who should be deemed a landlord will help protect tenants in some of England’s worst rental properties.’

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BBC News, 26th January 2023


‘Special’ damages requiring prior knowledge of parties to construction contracts –

Posted January 16th, 2023 in construction industry, contracts, damages, news by tracey

‘When a party breaches a term of a construction contract, the other party to the contract has the right to claim an award of damages.’

Full Story, 16th January 2023


When is a contractor not a contractor? –

Posted January 13th, 2023 in contract of employment, contracting out, contracts, employment, news, taxation by tracey

‘It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.’

Full Story, 12th January 2023


St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts – Practical Law: Construction Blog

Posted January 13th, 2023 in construction industry, contracts, drafting, hospitals, indemnities, news by tracey

‘The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.’

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Practical Law: Construction Blog , 12th January 2023


Episode 6: The Ghost in the Machine? Good Faith in Contract after Re Compound Photonics – Blackstone Chambers

Posted January 9th, 2023 in appeals, chambers articles, contracts, news, podcasts by sally

‘Join Andreas Gledhill KC as he explores the implications of the recent Court of Appeal decision Re Compound Photonics Group Ltd; Faulkner v. Vollin Holdings Ltd [2022] EWCA Civ 1371.’

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Blackstone Chambers, 13th December 2022


What reasonable steps does a party have to take to overcome a force majeure clause? – Mills & Reeve

Posted January 5th, 2023 in arbitration, charterparties, contracts, news by sally

‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’

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Mills & Reeve, 4th January 2023


How reasonable are your endeavours? – Local Government Lawyer

Posted December 16th, 2022 in contracts, local government, news by tracey

‘Patrick Adie sets out the most common types of endeavours obligation found in property contracts and – depending on your circumstances – the best obligation to agree.’

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Local Government Lawyer, 16th December 2022


Termination and suspension of construction contracts –

Posted December 9th, 2022 in construction industry, contracts, news by michael

‘Most construction contracts contain termination clauses which give parties the right to terminate in certain circumstances. Fewer construction contracts entitle a party to suspend the performance of its obligations.’

Full Story, 6th December 2022


Contractual construction: the Tension – Practical Law: Construction Blog

Posted December 2nd, 2022 in construction industry, contracts, interpretation, news by tracey

‘When the courts are faced with questions of contractual construction there remains a tension in the approach they should take.’

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Practical Law: Construction Blog, 2nd December 2022


The Illegality Defence after Patel v Mirza The Professor Jill Poole Memorial Lecture 2022 – Supreme Court

Posted November 28th, 2022 in contracts, speeches by tracey

‘The Illegality Defence after Patel v Mirza, The Professor Jill Poole Memorial Lecture 2022 – Lord Burrows”

Full speech

Supreme Court, 24th October 2022


The suitability of adjudication for multiparty disputes – Practical Law: Construction Blog

Posted November 25th, 2022 in construction industry, contracts, dispute resolution, news by tracey

‘Earlier this year I acted as adjudicator in four related adjudications that ran simultaneously, and I thought it would be worthwhile sharing my experience as I think there are some interesting points for parties and their representatives who might be considering using adjudication for multiparty disputes.’

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Practical Law: Construction Blog , 23rd November 2022


Court of Appeal in London rules on reasonable endeavours in force majeure clause –

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’

Full Story, 22nd November 2022


Law Commission seeks views on decentralised autonomous organisations (DAOs) – Law Commission

‘The Law Commission has launched a call for evidence asking users and other experts for information about how decentralised autonomous organisations – DAOs – can be characterised, and how the law of England and Wales might accommodate them now and in the future.’

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Law Commission, 16th November 2022


“Spent” golden contract means enterprise zone allowances disallowed –

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by tracey

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

Full Story, 11th November 2022


When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog

‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’

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Practical Law: Construction Blog, 11th November 2022


Jurisdiction and choice of law clauses in international contracts –

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

Full Story, 27th October 2022


How final is a final certificate? – Practical Law: Construction Blog

Posted October 28th, 2022 in appeals, construction industry, contracts, judgments, local government, news by tracey

‘At the end of last year, Jonathan discussed the Court of Session’s judgment in D McLaughlin & Sons Ltd v East Ayrshire Council, where Lord Clark looked at the conclusiveness of a final certificate under a Scottish Standard Building Contract with Quantities, 2011 Edition (SSBC, 2011 Edition). That case has popped up in the law reports again, this time in the Inner House (also called D McLaughlin & Sons Ltd v East Ayrshire Council), where three lords (Carloway, Woolman and Malcolm) have considered the Council’s appeal against Lord Clark’s judgment. In a rare occurrence these days, that judgment split the house.’

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Practical Law: Construction Blog , 26th October 2022


Good faith: reliance on the repugnant – Practical Law: Construction Blog

Posted October 21st, 2022 in appeals, construction industry, contracts, news, Supreme Court by tracey

‘English law has, to put it mildly, a fractious relationship with the concept of good faith. There is a deep-rooted scepticism towards it that has often manifested as outright hostility: Lord Ackner famously described the duty to negotiate in good faith as “inherently repugnant to the adversarial position of the parties” (Walford v Miles). Indeed, the Supreme Court has recently confirmed that there is no general principle of good faith in English law (Times Travel (UK) Ltd and another v Pakistan International Airlines Corp).’

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Practical Law: Construction Blog , 19th October 2022


Be certain, be specific and be clear: milestone judgment for liquidated damages – Practical Law: Construction Blog

Posted October 10th, 2022 in construction industry, contracts, damages, delay, drafting, news by tracey

‘Recent case law has shown how careful parties need to be when drafting a liquidated damages (LDs) regime. The case of Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd provides yet another example of what can happen if there is any ambiguity in the drafting.’

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Practical Law: Construction Blog, 5th October 2022