Andrew Hales Freelance
Building
Stories by this contributor.
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West Tankers vs Allianz Spa and others: Declaratory award
12 Mar 12
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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Adjudicator's fees and failure of consideration: Systech vs Harrington
30 Jan 12
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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Breach of public procurement rules: Henry Brothers (Magherafelt) Ltd & Ors vs Department of Education for Northern Ireland
18 Oct 11
This case shows that framework agreements can be set aside as a remedy for breach of procurement rules
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Negligence and complex structures: Broster & Ors v Galliard Docklands Ltd & Anor
19 Sep 11
This case highlights the fact that structures need to be considered as a whole when establishing a duty of care
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Fitness for purpose: Baylis Farms Limited vs R B Dymott Builders Ltd
16 Aug 11
This case concerns a blocked drain following completion of works that was not “fit for purpose”
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Adjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
7 Jul 11
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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Civil Litigation Costs: Sousa vs London borough of Waltham Forest council
31 May 11
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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Immingham Storage Company Limited v Clear Plc
8 Mar 11
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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Arbitration: Martin Dawes vs Treasure and Son
10 Feb 11
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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Pre-action disclosure in arbitration: Travelers Insurance vs Countrywide Surveyors
22 Oct 10
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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Claiming liquidated damages: Azimut-Benetti vs Darrell Marcus Healey
4 Oct 10
This row about a €38m yacht has some interesting lessons for parties entering into construction contracts too…
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Lorraine Lee vs Chartered Properties: A late adjudicator
27 August 2010
In this case the adjudicator’s mistake was to take the weekend to type up his decision, here’s why…
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Geldof vs Simon Carves: entitlement to set off
6 Aug 10
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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Aldgate vs Unibar: Damage caused by fire
22 Jun 10
This case concerns the extent to which different types of loss are recoverable
