All articles by Ted Lowery – Page 3
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CommentCase in focus: Off on a frolic?
Having raised specific questions, had the adjudicator breached natural justice by coming to a conclusion that was different from the answers provided by the parties?
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CommentCase in focus: Performance bonds
Was the guarantor liable under a bond where the contractor became insolvent following termination of the contract?
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CommentCase in focus: adjudicator’s reasons
Where the decision did not explain why a set-off defence had been rejected, had the adjudicator failed to exhaust his jurisdiction?
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CommentCase in focus: Payless notices
An effective payless notice must include an explanation of the grounds for withholding, a headline figure and a calculation showing how that figure has been produced
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CommentCase in focus: Adjudication relief
Having abandoned the first adjudication, was the referring party acting unreasonably and oppressively in seeking to bring similar claims in a second adjudication?
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CommentCase in focus: Relief from sanctions
Should a claimant be entitled to default judgment on a claim that was dependent upon the outcome of separate proceedings?
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CommentCase in focus: Service of documents
A recent case illustrates a practical approach to the challenge of effecting good service upon a peripatetic respondent
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CommentCase in focus: Compensation events
Had a PFI project company given proper notice of a claim for compensation? Ted Lowery considers a High Court case in Northern Ireland
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Case in focus: Procedural fairness
Had interventions by the judge during the evidence made a fair trial impossible? Ted Lowery considers a recent Court of Appeal case
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CommentCase in focus: Part 8 application
In what circumstances can a Part 8 application be used to oppose enforcement of an adjudicator’s decision?
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CommentCase in focus: Rectification of a contract
Could a contract that included an incomplete tender stage document be rectified?
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CommentCase in focus: Issuing payment notices
Was a contractor’s interim payment notice valid and, if so, had the employer issued an effective payless notice?
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CommentCase in focus: Non-delegable duty
Did a contractor owe a non-delegable duty in respect of the actions of its independent subcontractor?
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CommentCase in focus: Final Account application
Where an adjudicator applies ISG vs Seevic to order payment of a final account application, can the valuation be challenged in a subsequent adjudication?
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CommentCase in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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CommentCase in focus: Expert shopping
To what extent should a party be required to disclose additional documents as a condition of being permitted to replace an expert witness?
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CommentCase in focus: Adjudication Enforcement
In the first in an occasional series focusing on individual cases, we report on a classic case of contractual uncertainty
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CommentExpert evidence: British Airways plc vs Paul Spencer and 11 others(present trustees of the Airways Pension Scheme)
Before Mr Justice Warren. Judgment delivered 21 August 2015
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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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