All Case of the week articles – Page 2
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CommentIncorporation by reference: Northrop Grumman Mission Systems Europe Limited vs BAE Systems (Al Diriyah C41) Limited
Before the Master of the Rolls, Lord Justice Briggs, and Lord Justice Bean. Judgment dated 30 July 2015
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CommentLimitation period: Aspect Contracts (Asbestos) Limited vs Higgins Construction plc
Before Lord Mance, Lord Wilson, Lord Sumption, Lord Reed and Lord Toulson. Judgment delivered 17 June 2015
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CommentInterim payment applications: Leeds City Council vs Waco UK Ltd
Before Mr Justice Edwards-Stuart. Judgment dated 22 May 2015
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CommentRectification: Equity Syndicate Management Ltd vs GlaxoSmithKline plc
Before Mr Justice Males. Judgment delivered 23 July 2015
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CommentApplication for payment: Caledonian Modular Ltd vs Mar City Developments Ltd
Before Mr Justice Coulson. Judgment delivered 29 June 2015
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CommentPenalty clauses: Parkingeye Limited vs Barry Beavis
Before Lord Justice Moore-Bick, Lord Justice Patten and Sir Timothy Lloyd. Judgment dated 23 April 2015
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CommentFitness for purpose: MT Højgaard A/S vs Eon Climate and Renewables UK Robin Rigg East Limited and another
Before Lord Justice Jackson, Lord Justice Patten and Lord Justice Underhill in the Court of Appeal. Judgment delivered 30 April 2015
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CommentAdjudicator’s decision: Anjali Khurana and Mohit Khurana vs Webster Construction Limited
Before Mr Justice Stephen Davies in the TCC. Judgment dated 20 March 2015
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FeaturesConsultant’s duty to warn: Edward Goldswain and Jacqueline Hale vs Beltec Limited and AIMS Plumbing and Building Services Limited
Before Mr Justice Akenhead in the TCC. Judgment delivered 10 March 2015
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CommentAdjudication: Galliford Try Building Limited vs Estura Limited
Before Mr Justice Edwards-Stuart in the TCC. Judgment delivered 27 February 2015
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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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CommentSerious irregularity: Secretary of State for the Home Department vs Raytheon Systems Limited
Before Mr Justice Akenhead. Judgments delivered 19 December 2014 and 17 February 2015
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CommentAdjudication: Broughton Brickwork Ltd vs F Parkinson Ltds
This case was before Mr Justice Davies QC (sitting as a judge of the High Court)
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CommentSettlement agreement by email: Raymond Bieber & others vs Teathers Limited (in liquidation)
Did the exchange of emails between the parties’ solicitors amount to a binding settlement? If there was a binding agreement, was this agreement in substance still subject to contract?
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CommentFinal certificate: The Trustees of the Marc Gilbard 2009 Settlement Trust vs OD Developments and Projects Ltd
Key issues are raised regarding final certificates and adjudication in this case
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CommentSection 105: Savoye and Savoye Limited vs Spicers Limited
This judgment provides guidance on the definition of ‘construction operations’ and the meaning of ‘forming, or to form, part of the land’
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CommentInjunction to restrain an adjudication: Matthew Harding (t/a M J Harding Contractors)vs Gary George Leslie Paice and Kim Springall
Did the developers’ failure to issue a valid pay less notice mean that the adjudicator’s decision that the £397,912.48 must be paid comprise an inviolable determination of the “amount properly due” in respect of the account?
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CommentNomination of an adjudicator: Eurocom Ltd vs Siemens PLC
Was the appointment of the adjudicator invalid because of information provided to the RICS by Knowles?
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CommentWhen does the five year prescription period begin: David T Morrison & Co Ltd t/a Gael Home Interiors vs ICL Plastics Limited and Others
An explosion in a factory led to this Scottish law case which debates how soon a claim for damages must be made
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CommentFIDIC dispute resolution: Peterborough City Council vs Enterprise Managed Services Ltd
‘The judge acknowledged that DAB adjudication might well be “rough and ready” but he observed that the parties had agreed to incorporate the FIDIC DAB machinery into their contract’