All articles by Andrew Hales
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CommentLincolnshire council vs Mouchel Business Services Limited and R.G. Carter Building Services Limited: Pre-Action Protocol
This case, before Mr Justice Stuart Smith, looks at the Pre-Action Protocol for Construction and Engineering Disputes when issuing proceedings to protect a limitation period
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CommentPrevious adjudicator’s reasoning: Arcadis UK vs May and Baker
This case raised questions about the extent to which it is legitimate or unfair for an adjudicator to take into account or adopt the reasoning of a previous adjudicator’s decision
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CommentArbitration clauses: Merit Process Engineering Ltd vs Balfour Beatty Engineering Services Ltd
It is essential that parties agree on the price to be paid for works under a contract, or at least agree on a mechanism for determining the price subsequently
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CommentLegal privilege: Walter Lilly & Company Ltd vs 1) Mackay 2) DMW Developments Ltd
Do documents created by a claims consultant fall under the legal advice privilege?
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CommentWest Tankers vs Allianz Spa and others: Declaratory award
This case highlighted the court’s power to allow an arbitral award to be entered as judgment, a broader interpretation of section 66 of the Arbitration Act
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CommentAdjudicator's fees and failure of consideration: Systech vs Harrington
If an adjudicator’s decision is unenforceable by reasons of failing to comply with natural justice, he is still entitled to payment
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CommentBreach of public procurement rules: Henry Brothers (Magherafelt) Ltd & Ors vs Department of Education for Northern Ireland
This case shows that framework agreements can be set aside as a remedy for breach of procurement rules
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CommentNegligence and complex structures: Broster & Ors v Galliard Docklands Ltd & Anor
This case highlights the fact that structures need to be considered as a whole when establishing a duty of care
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Comment
Fitness for purpose: Baylis Farms Limited vs R B Dymott Builders Ltd
This case concerns a blocked drain following completion of works that was not “fit for purpose”
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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CommentCivil Litigation Costs: Sousa vs London borough of Waltham Forest council
Until legislation is passed to alter the situation, local authorities can be stung by 100% success fees when claims are made against them
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Comment
Immingham Storage Company Limited v Clear Plc
This case highlights the point at which a contract becomes binding, and the importance of stating that negotiations are ’subject to contract’
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Comment
Arbitration: Martin Dawes vs Treasure and Son
This case raised issues about the point or stage at which an arbitrator’s mandate expires or ceases to have jurisdiction and the extent, ambit or scope of a settlement of an arbitration.
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CommentPre-action disclosure in arbitration: Travelers Insurance vs Countrywide Surveyors
This case hinged on whether the court could order documents to be disclosed when the parties were subject to an arbitration agreement
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CommentClaiming liquidated damages: Azimut-Benetti vs Darrell Marcus Healey
This row about a €38m yacht has some interesting lessons for parties entering into construction contracts too…
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CommentLorraine Lee vs Chartered Properties: A late adjudicator
In this case the adjudicator’s mistake was to take the weekend to type up his decision, here’s why…
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CommentGeldof vs Simon Carves: entitlement to set off
In this case the Court of Appeal has simplified the test for granting a party the right to set off a claim
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CommentAldgate vs Unibar: Damage caused by fire
This case concerns the extent to which different types of loss are recoverable