Nicholas Gould
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
CommentJivraj vs Hashwani: A case of discrimination on religious grounds
This arbitration was declared void because a clause in the agreement restricted who could be employed as the arbitrator
NewsBSkyB vs HP Enterprise Services UK
This case involved a £700m damages claim for fraudulent misrepresentation, find out who won…
CommentWW Gear Construction vs McGhee Group: submitting a claim in time
If you fail to put in a claim for loss and expense within the time period, you lose your right to claim as happened in this case
CommentShepherd Construction vs Berners: Freezing orders
Can a freezing order be used to assist a claim for payment?
CommentWilliam Hare vs Shepherd Construction: pay when paid clause
This is a case in which a contractor tried to rely on pay when paid clauses to avoid paying several subcontractors
CommentYuanda vs Gear Construction: amendments to a contract
Did the insertion of a Tolent clause go against the Construction Act?
NewsTime is of the essence
In this case of Sunshine Ventures and Rashmith Thakar vs Hussein Kurdieh, the judge had to decide whether ’urgency’ is sufficient ground to terminate a contract
NewsCamillin Denny vs Adelaide Jones: Novation and adjudicator bias
Our Fenwick Elliott expert discusses a dispute on a project in Mayfair
NewsAdonis vs O'Keefe: Was there a contract?
Our Fenwick Elliott expert discusses whether the acceptance of an order or letter of intent constitutes a contract
NewsNirah Holdings vs British Agricultural Services and Hanson Building Products: Section 106
Our Fenwick Elliott expert mulls over a Section 106 agreement dispute
NewsS G Hart vs the Smiths: Adjudication claims
Our Fenwick Elliott expert discusses whether it is possible to set off liquidates damages against a previous adjudication
NewsFraudulent misrepresentation: Fitzroy Robinson vs Mentmore Towers
Our legal expert discusses a case in which an architect failed to inform the developer that an important member of it's team had left
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Settle down: The popularity of mediation
Mediation is proving ever more popular as a way of settling disputes before they get to court. And, as it saves money, parties are going willingly to the talking block
NewsPaying in instalments: Able Construction (UK) vs Forest Property Development
What happens when a party that was ordered to make a payment in instalments defaults on one of them?
NewsA case of forgery?
Our legal expert discusses a case in which a company director routinely and with permission signed document in lieu of his colleague
NewsWatersheds vs Costa and Gentleman: Guarantees and misrepresentation
Our Fenwick Elliott expert discusses a case of two company directors who wanted to raise finance to expand their business
NewsCivil Procedure Rules: Dalkia Energy and Technical Services vs Bell Group
Fenwick Elliot discusses a row over terms of a station repair project
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Family ties
The CaseIn an earlier decision of Mr Justice Akenhead enforcing an adjudicator's decision, Mr Dawes was ordered to pay a total judgment debt of £1,239,310.12. This was paid into Treasure's bank account, and had in fact come from the account of Hayley Dawes, the daughter of Martin Dawes. The parties ...
CommentDispute escalation clauses: Ardentia Ltd vs British Telecommunications Plc
The CaseArdentia and BT entered into a project agreement on 18 February 2004. It related to the provision of information technology to the NHS. A dispute arose between Ardentia and BT in respect of licence fees. Ardentia also believed that BT was intending to engage third parties to develop new ...