All articles by Nicholas Gould
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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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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
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NewsBSkyB vs HP Enterprise Services UK
This case involved a £700m damages claim for fraudulent misrepresentation, find out who won…
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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
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CommentShepherd Construction vs Berners: Freezing orders
Can a freezing order be used to assist a claim for payment?
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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
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CommentYuanda vs Gear Construction: amendments to a contract
Did the insertion of a Tolent clause go against the Construction Act?
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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
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NewsCamillin Denny vs Adelaide Jones: Novation and adjudicator bias
Our Fenwick Elliott expert discusses a dispute on a project in Mayfair
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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
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NewsNirah Holdings vs British Agricultural Services and Hanson Building Products: Section 106
Our Fenwick Elliott expert mulls over a Section 106 agreement dispute
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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
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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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Comment
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
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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?
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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
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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
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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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Comment
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 ...
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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 ...