All Case of the week articles – Page 4
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CommentGlendalough Associated SA vs Harris Calnan Construction Co Ltd: Agreements in writing
This case, before Mr Justice Edwards-Stuart, explores whether the parties engaged in section 107(5) of the HGCRA 1996 so that “an agreement in writing” could be said to have been agreed
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CommentBMG vs Galliford Try and Aedas Architects Limited: Expert shopping?
In this case Mr Justice Edwards-Stuart had to decide whether one of the parties had valid reasons to replace the expert they had appointed
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CommentDoosan Babcock Limited vs Comercializadora de Equipos y Materiales Mabe Limitada: On demand guarantees
This case, before Mister Justice Edwards-Stuart, concerns whether the right to make a call under an on-demand guarantee is qualified by the terms of the underlying contract
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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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CommentStella Willis vs MRJ Rundell & Associates Ltd and Grovecourt Ltd: Costs management order
This case, before Mister Justice Coulson provided, some useful guidelines for navigating the new cost management rules
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CommentABB Limited vs BAM Nuttall Limited: Material breach of the rules of natural justice
It may be obvious that the adjudicator had gone on a ‘frolic of his own’ and committed a material breach of natural justice. Here the position was more opaque
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CommentCG Group Limited vs Breyer Group PLC: Lack of jurisdiction and natural justice.
In this case the judge determined that it would be difficult to see how any challenge on the basis of jurisdiction or breach of natural justice could be maintained
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CommentParkwood Leisure Ltd vs Laing O’Rourke Wales and West Ltd: Collateral warranties as construction contracts
This decision may lead to contractors and subcontractors trying to limit the number of warranties being given
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CommentInterpreting ambiguities in contract documents: RWE Npower Renewables Ltd vs JN Bentley Ltd
The judgment highlights that interpretation of contract documents requires one to determine what a reasonable person, with the background knowledge available, would have understood the parties to have meant
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CommentAmendments to the Civil Procedure Rules: Venulum Property Investments Ltd vs Space Architecture Ltd & others
This judgement shows how amendments that came into effect from 1 April have allowed courts to adopt a less forgiving approach to delay and non-compliance with directions
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CommentLimitation of adjudication: Aspect Contracts (Asbestos) Ltd vs Higgins Construction Plc
Did the adjudication process give Aspect a new cause of action against Higgins to recover the money which it had paid out on the temporarily binding decision of the adjudicator?
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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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CommentUnreasonable conduct: Webb Resolutions Limited vs JV Limited t/a Shepherd Chartered Surveyors
In this case the claimant’s solicitors produced an order which failed to reflect what had been directed by the court – and their manoeuvres did not impress the judge
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CommentDefective Premises Act 1972: 'In the course of a business'
Niklas Zennstrom and Catherine Zennstrom vs Kevin Fagot, Helen Moseley, Deborah Patricia Wilks, Andrew Ramus and Fast-Calc Limited
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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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CommentVariations of a guarantee: Aviva Insurance UK Limited vs Hackney Empire Limited
Did HEL’s agreement to make payments to STC “on account” vary the building contract and prejudice Aviva’s position such that it was discharged from the bond?
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CommentAdjudicator’s jurisdiction: WSP Cell Ltd vs Dalkia Utilities Services Plc
This case explores the question of whether an adjudicator has jurisdiction to determine their own jurisdiction in certain circumstances
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FeaturesEnforcing adjudication in Scots Law: SW Global Resourcing Ltd vs Morris & Spottiswood Ltd
This case examines whether the decision reached by an adjudicator breached the rules of natural justice
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FeaturesPayment guarantee: Wuhan Guoyo Logistics Group Co Limited & Others vs Emporiki Bank of Greece SA
This Court of Appeal decision reversed the Commercial Court judgement that a security document was a guarantee rather than an on-demand bond
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FeaturesSubcontractor’s equipment: Alstom Power Ltd vs SOMI Implanti
A case invovling declaratory relief relating to the ownership of a subcontractor’s equipment that was brought to site in connection with the construction of a power station.