RBH Building Contracts Ltd v James & Anor
How will the court determine whether a person “intends to occupy” the property: a key part of the test as to the whether or not the residential occupier exemption will apply to an adjudication?
Dispatch highlights some of the most important legal developments during the last month, relating to the building, engineering and energy sectors.
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How will the court determine whether a person “intends to occupy” the property: a key part of the test as to the whether or not the residential occupier exemption will apply to an adjudication?
What is the test the court will apply in determining whether or not the contents of a withholding notice comply with the requirements of the Housing Grants Act?
Did a letter form a binding agreement between the parties or was it simply part of an exchange which was subject to contract?
Following a creditors’ voluntary liquidation, could a claiming party make a call on a personal guarantee signed by a former director?
In considering whether or not the termination of a contract for the supply of medical gloves during the COVID-19 pandemic was valid, the court had to consider issues relating to waiver and prevention.
Had there been a conflict of interest when a surveyor gave advice to a project funder? And if so, was that conflict causative of any loss?
Had there been a manifest error in the expert’s determination?
Did the Supreme Court consider that the contractor, under a JCT form, had been entitled to serve a termination notice?
Was the contractor able to secure an interim injunction against the bank to restrain it from making a payment following a call on a bond?
Had the defendants been the victim of a scam in operation against users of the County Court? What should court users be looking out for to protect themselves?
Was the expert evidence in fact expert evidence at all?
Had the application to challenge the arbitrator’s awards been served before the 28-day time limit expired?