Category: contracts

Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register – Falcon Chambers

Posted April 8th, 2022 in chambers articles, construction industry, contracts, jurisdiction, news by sally

‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’

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Falcon Chambers, March 2022

Source: www.falcon-chambers.com

Managing PFI contract expiry risks – updated IPA guidance – Practical Law: Construction Blog

Posted March 25th, 2022 in construction industry, contracts, news by tracey

‘On 28 February 2022, the Infrastructure and Projects Authority (IPA) published its latest guidance to contracting authorities (CAs) on preparing for PFI contract expiry. It provides practical guidance on managing expiry and service transition. We have previously written about the IPA’s earlier guidance and its PFI expiry health check report.’

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Practical Law: Construction Blog, 23rd March 2022

Source: constructionblog.practicallaw.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

Posted March 22nd, 2022 in construction industry, contracts, dispute resolution, enforcement, news, time limits by tracey

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

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Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Speech by Mr Justice Foxton: Edmund King Memorial Lecture – Courts and Tribunals Judiciary

Posted March 15th, 2022 in contracts, France, legal history, speeches by tracey

‘Mr Justice Foxton, who sits in the Commercial Court, has delivered a lecture in memory of Edmund King QC to a joint meeting of the London Common Law and Commercial Bar Association (COMBAR) and the Administrative Law Bar Association. Entitled “What did the French ever do for us? Historic and prospective French influences on English private law”, the speech addressed the influence of French legal writers and concepts on the development of English private law.’

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Courts and Tribunals Judiciary, 14th March 2022

Source: www.judiciary.uk

Farrar Out – Local Government Lawyer

Posted March 14th, 2022 in burden of proof, company law, construction industry, contracts, debts, insolvency, local government, news by tracey

‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Lumley v Foster – the danger of oral contracts and contracting with the correct entity – Practical Law: Construction Blog

Posted March 10th, 2022 in construction industry, contracts, news by tracey

‘Despite the volumes of case law illustrating the dangers of not having a written contract when carrying out a construction project, it is still common practice, particularly for smaller domestic projects and in this current market where builders are in high demand, for parties not to have a formal contract. Nine times out of ten all will be absolutely fine: works will progress, any small issues will be amicably overcome between the parties, the project will complete and everyone will be satisfied with the result. But construction projects can be uncertain beasts. Every now and then, things won’t run so smoothly. There may be defects, delays, cost pressures, design changes, or any variety of unforeseen issues. This is when not having a written contract to fall back on can become a real problem. The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place.’

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Practical Law: Construction Blog. 9th March 2022

Source: constructionblog.practicallaw.com

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

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OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog

Posted March 4th, 2022 in appeals, construction industry, contracts, dispute resolution, fees, jurisdiction, news by tracey

‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’

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Practical Law: Construction Blog, 2nd March 2022

Source: constructionblog.practicallaw.com

County fires gun on procurement of £369k legal case management system amid mini-flurry of contract awards by local authorities – Local Government Lawyer

Posted March 3rd, 2022 in case management, computer programs, contracts, local government, news, public procurement by sally

‘Gloucestershire County Council has started the procurement of a fully developed, off the shelf, cloud-based Legal Case Management System with Court Bundling System.’

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Local Government Lawyer, 2nd March 2022

Source: www.localgovernmentlawyer.co.uk

Litigation Costs – is the sky really the limit? – Mills & Reeve

Posted February 24th, 2022 in building law, case management, contracts, costs, disclosure, news by sally

‘The recent case of The Sky’s the Limit Transformation Ltd v Dr Mohammed Mirza [2022] outlines a judge’s view as to a way forward in resolving domestic building disputes in a time and cost effective manner.’

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Mills & Reeve, 23rd February 2022

Source: www.mills-reeve.com

Option agreements: court’s role not to ‘rewrite bad bargain’, says English judge – OUT-LAW.com

Posted January 24th, 2022 in construction industry, contracts, drafting, news, planning by tracey

‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’

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OUT-LAW.com, 21st January 2022

Source: www.pinsentmasons.com

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited – Local Government Lawyer

Posted January 24th, 2022 in contracts, local government, news, third parties, waste by tracey

‘Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.’

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Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Appeal court overturns ‘unlawful’ ruling over Covid contract for Cummings friends – The Independent

Posted January 18th, 2022 in appeals, contracts, coronavirus, news, public procurement by tracey

‘The Court of Appeal has overturned a ruling that a Covid contract given to a company whose founders were friends of former Downing Street adviser Dominic Cummings was unlawful.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

High Court allows in-house lawyer to appear in $213m contract battle – Legal Futures

Posted January 17th, 2022 in Commercial Court, contracts, legal representation, news, skeleton arguments, solicitors by tracey

‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’

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Legal Futures, 17th January 2022

Source: www.legalfutures.co.uk

FIDIC contracts – what’s new for 2022? – Practical Law: Construction Blog

Posted January 12th, 2022 in construction industry, contracts, news by tracey

‘The title of my review of the last online FIDIC conference a year ago, FIDIC contracts – a preview of what is to come, now has a somewhat ominous ring to it as for the second year running the International Users’ Conference had to convene online in December 2021 due to the current COVID-19 situation. It felt a bit more “down to business” than last year with no online networking platform between Zoom sessions, but instead included some excellent, hosted, breakout discussion rooms, which I thought was a great addition. I particularly enjoyed the very open (collaborative) discussion around the new FIDIC Collaborative Contract that is a work in progress. More of that below.’

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Practical Law: Construction Blog, 11th January 2022

Source: constructionblog.practicallaw.com

Law firm that held deposits defeats claim over failed property development – Legal Futures

Posted January 11th, 2022 in contracts, deposits, law firms, news, sale of land by tracey

‘Investors who lost money in a failed property development in Liverpool should sue their former solicitors rather than the law firm which held and paid out their deposits, the High Court has ruled.’

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Legal Futures, 11th January 2022

Source: www.legalfutures.co.uk

New Acts – legislation.gov.uk

Posted January 4th, 2022 in armed forces, company directors, contracts, coronavirus, disqualification, financial regulation, legislation, rates by tracey

2021 c. 34 – Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021

2021 c. 33 – Critical Benchmarks (References and Administrators’ Liability) Act 2021

2021 c. 35 – Armed Forces Act 2021

Source: www.legislation.gov.uk

Company Law: How do the courts interpret the articles of association? – Bloomsbury Professional Law Online Blog

Posted December 1st, 2021 in company law, contracts, drafting, interpretation, limitations, news by sally

‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’

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Bloomsbury Professional Law Online Blog, 22nd November 2021

Source: law.bloomsburyprofessional.com

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

Posted November 26th, 2021 in abuse of process, construction industry, contracts, dispute resolution, enforcement, injunctions, news by tracey

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

The law of England and Wales can accommodate smart legal contracts, concludes Law Commission – Law Commission

Posted November 26th, 2021 in computer programs, contracts, Law Commission, legal services, news by tracey

‘The Law Commission has today confirmed that the existing law of England and Wales is able to accommodate and apply to smart legal contracts, without the need for statutory law reform. The Law Commission notes that, in some contexts, an incremental development of the common law is all that is required to facilitate the use of smart legal contracts within the existing legal framework.’

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Law Commission, 25th November 2021

Source: www.lawcom.gov.uk