All articles by Claire King
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CommentImpartiality: Sierra Fishing Company and Ors vs Farran and Ors
Before Mr Justice Popplewell. Judgment delivered 30 January 2015
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CommentMcLennan Architects Limited vs Jeremy Jones and Helen Roberts: Inspection of electronic devices
This case, before Mr Justice Akenhead in the TCC, provided guidance in situations involving applications for access to specific electronic data and associated metadata
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CommentPioneer Cladding vs John Graham Construction: Unpaid adjudication awards
Pioneer, subcontracted for cladding on a project, issued enforcement proceedings against John Graham Construction over unpaid adjudication awards
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CommentContempt proceedings : Berry Piling Systems vs Sheer Projects
Was there a sufficiently strong prima facie case of contempt to allow committal proceedings to be brought against BPS’s directors?
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CommentCrystallisation of disputes: Working Environments vs Greencoat Construction
In this case a Judge examined whether it was possible to severe an adjudicator’s decision to exclude issues that fell outside of a crystallised dispute
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CommentNatural justice: Highlands and Islands Airports Ltd vs Shetland Island Council
An adjudicator who sought advice on a legal point but didn’t declare it found himself under the spotlight for breaching the rules of natural justice
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CommentPre-action disclosure: PHD Modular Access Services vs Seele GmbH
Think carefully before seeking pre-action disclosure, as it will only be granted where court proceedings are anticipated
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CommentAdvance payment guarantees: Meritz Fire and Marine Insurance vs Jan de Nul NV and Codralux SA
In this case the court looked at whether the advance payment guarantees that were the subject of the claim were performance bonds (otherwise known as demand guarantees) or pure guarantees.
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CommentJones vs Kaney: Expert witnesses lose immunity from suit
The Supreme Court abolished the immunity from suit for breach of duty that expert witnesses previously enjoyed in relation to their participation in legal proceedings
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CommentAccidental guarentees: Golden Ocean Group Limited vs (1) Salgaocar Mining Industries PVT (2) Mr Anil V. Salgaocar
This case shows that parties conducting commercial negotiations by email should be wary of entering into guarantees without meaning to.
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CommentRolf v De Guerin
This illustrates the value of mediation – especially in small cases, where the costs of resolving the dispute can be disproportionate to the amounts at stake
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CommentDuty of care in tort: James Andrew Robinson vs P.E. Jones
The case examines the extent to which building contractors owe duties of care in tort to their clients alongside their contractual duties.
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CommentChecking the subcontract: Walter Llewellyn & Sons vs Excel Brickwork
This case began with allegations of damage to timber-frame buildings but became a fight about whether the subcontract provided for arbitration
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News
Rok Building vs Celtic Composting Systems
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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Comment
Mentmore Towers vs Packman Lucas: a court injunction
Do the courts have the power to grant injunctions restraining a party from pursuing an adjudication?
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NewsAmec Group vs Thames Water: Adjudication deadlines
This case deals with the question of whether an adjudicator should be expected to deal with additional material at the expense of the time limit
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NewsEnterprise vs Tony McFadden: Insolvency
Our Fenwick Elliott expert describes a dispute on a pipe repair and maintenance contract
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NewsJPA Design & Build vs Sentosa (UK): Setting off damages
Our Fenwick Elliott expert discusses a dispute over the design and construction of a medical centre
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NewsA different dispute?: Barr vs Klin Investment UK
The factsBarr (“Barr”) entered into a construction contract with Klin Investment UK (“Klin”) for the design and construction of a number of flats in Kilmarnock on 21 February 2005 (the “Contract”). The contract was a construction contract within the meaning of sections 104 and 105 of the Housing Grants, Construction ...
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NewsTaiwan Scot Co vs Masters Golf Company: Penalty or estimate of loss
Our Fenwick Elliott expert analyses a case in which a party failed to decide the intention of a contractual rate of interest for late payment