All articles by Stacy Sinclair – Page 2
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CommentLinklaters Business Services vs Sir Robert McAlpine & Others: Subcontractor's duty of care
Did Southern Insulation owe Linklaters a duty of care in respect of the supply and installation of the thermal insulation to the pipework?
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NewsEuropean Dynamics SA v HM Treasury: Injunctions in public procurement
Our Fenwick Elliott expert discusses a dispute over an unsuccessful bid for a public framework
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NewsFitzroy Robinson vs Mentmore Towers and others: Application to adjourn a trial
Examining adjournment on the grounds of failure to comply with directions of the court
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NewsAmsprop vs ITW (trading as Hobart UK)
Our legal expert investigates a fire at the Hard Rock Cafe
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NewsEricsson AB vs EADS: Interim injunctions
Our Fenwick Elliot expert discusses a dispute over a government contract
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NewsThe Patchetts vs Swimming Pool & Allied Trades Association: Online misrepresentation
This case is a warning to all those who market their business on the internet and make statements on websites as to what the consumer can and cannot expect from the company.
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NewsJB Leadbitter vs Devon council: A deadline is a deadline
In this week's case the claimant was given a lesson commonly taught in school
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NewsTree preservation orders: When is a sapling a tree?
Stemming from the case of Palm Developments vs Communities secretary and Medway council, our Fenwick Elliot expert asks what a tree is …
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NewsAmaryllis vs HM Treasury: Public procurement
The factsThis case concerns a framework agreement governed by the Public Contract Regulations 2006 (“2006 regulations”). In November 2007 the defendant, OGC Buying Solutions (“OGC”), part of HM Treasury, posted an advertisement in the Official Journal of the European Union for a framework agreement to supply, deliver and install all ...
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NewsBole vs Huntsbuild and Money: Defective Premises Act 1972
Fenwick Elliott discusses a case involving a house in Cambridgeshire
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NewsBrookfield vs Foster and HOK Sport: Reviewing obligations
Fenwick Elliott discussed yet another dispute that has arisen from the Wembley stadium project
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Comment
Adjudicators jurisdiction
The CaseDeerglen (Jersey) (“Deerglen”) was the main contractor employed to design and build a six-storey office building known Liberty Wharf Phase three in Jersey. Deerglen engaged Air Design (Kent) (“Air Design”) as a subcontractor to carry out the mechanical services work for the project. A written agreement for “basebuild” works ...
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Comment
Permission to appeal
The CaseThis case concerns an application by the claimant, Majorboom, for permission to appeal under section 69 of the Arbitration Act 1996 on several questions of law arising from an arbitrator's award.Majorboom developed a property in Manchester by converting it into flats. Following completion of the flats a company, Stonebridge ...
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Comment
Arbitration after commencement of court proceedings
The CaseOn 21 December 2006 the claimant, Delta Reclamation (“Delta”), and the defendant, Premier Waste Management (“Premier”), signed an agreement which regulated the storage and processing of used tyre derivative aggregate replacement (UTDAR) at a quarry near Coxhoe.The agreement contained an arbitration clause submitting “all disputes arising out of the ...
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Comment
Benfield Construction vs Trudson
The CaseThe defendant, Trudson (Hatton) (“Trudson”), engaged the claimant, Benfield Construction (“Benfield”) to carry out the design and construction of two houses and external works near Hatton in Warwickshire. The works became seriously delayed and the date for completion of 29 September 2006 past. Subsequently, on 17 August 2007, a ...
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Comment
Extension of time: Birmingham council vs Paddison Construction
Birmingham council (“BCC”) engaged Paddison Construction (“Paddison”) to undertake construction work for a new community and training centre in Birmingham. The contract provided for a completion date of 24 February 2006 which was revised to 17 April 2006. Practical completion was certified as at 23 June 2006. Paddison alleged that ...
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Comment
Arbitrator appointment
The CaseThe defendant, Mrs Buck, engaged the claimant, Mylcrist Builders, to construct a single story extension to the front of her bungalow in Beltrise Herne Bay, Kent. A contract was formed on 8 December 2004 when Mrs Buck signed a letter, sent from the claimant, which confirmed that they were ...
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Comment
Transparency in awarding contracts
The CaseOn 15 March 2007, the London Borough of Newham (“Newham”) advertised its intention to enter into framework contracts for the procurement, maintenance and management of private sector leased properties. The tender evaluation criteria stated that the contracts would be awarded on the basis of the most economically advantageous tender, ...
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Comment
Late response in adjudication
The CaseWilliam Verry Ltd (“Verry”) engaged CJP Builders Ltd (“CJP”) under a subcontract to undertake brickwork, blockwork and stonework. The subcontract was based upon an order issued by Verry incorporating DOM/2 terms and conditions and other "Sub-Contract Documents". CJP submitted an interim application for payment. It was not paid and ...
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