‘This appeal arises out of a contractual dispute between Ukraine and the Law Debenture Trust Corporation plc (“the Trustee””), acting on behalf of the Russian Federation (“Russia”).’
UKSC Blog, 15th March 2023
Source: ukscblog.com
‘The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual (‘AV’) equipment for use by HM Courts and Tribunals Service.’
Local Government Lawyer, 13th March 2023
Source: www.localgovernmentlawyer.co.uk
‘A woman who represented herself in court by using 80-year-old contract legislation has beaten British Airways (BA) in a row over flight vouchers.’
BBC News, 28th February 2023
Source: www.bbc.co.uk
‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’
Practical Law: Construction Blog , 14th February 2023
‘In this post, Henry Powell (Associate) and Antoni Hajdon (Of Counsel) in the Real Estate Disputes team at CMS, comment on the case of Barton & Ors v Morris & Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – handed down on 25 January 2023.’
UKSC Blog, 13th February 2023
Source: ukscblog.com
‘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.’
UKSC Blog, 25th January 2023
Source: ukscblog.com
‘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.’
BBC News, 26th January 2023
Source: www.bbc.co.uk
‘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.’
OUT-LAW.com, 16th January 2023
Source: www.pinsentmasons.com
‘It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.’
OUT-LAW.com, 12th January 2023
Source: www.pinsentmasons.com
‘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.’
Practical Law: Construction Blog , 12th January 2023
‘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.’
Blackstone Chambers, 13th December 2022
Source: www.blackstonechambers.com
‘Does a party have to accept non-contractual performance to mitigate the impact of a force majeure event?’
Mills & Reeve, 4th January 2023
Source: www.mills-reeve.com
‘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.’
Local Government Lawyer, 16th December 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
OUT-LAW.com, 6th December 2022
Source: www.pinsentmasons.com
‘When the courts are faced with questions of contractual construction there remains a tension in the approach they should take.’
Practical Law: Construction Blog, 2nd December 2022
‘The Illegality Defence after Patel v Mirza, The Professor Jill Poole Memorial Lecture 2022 – Lord Burrows”
Supreme Court, 24th October 2022
Source: www.supremecourt.uk
‘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.’
Practical Law: Construction Blog , 23rd November 2022
‘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.’
OUT-LAW.com, 22nd November 2022
Source: www.pinsentmasons.com
‘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.’
Law Commission, 16th November 2022
Source: www.lawcom.gov.uk
‘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.’
OUT-LAW.com, 11th November 2022
Source: www.pinsentmasons.com
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