Sutton and East Surrey Water plc v Monarch Chemicals Ltd & Muztrans Limited
Ted Lowery considers a claim for a Civil Liability Act contribution brought in consequence of a chemicals delivery blunder that left the protagonists under a cloud.
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Clerkenwell Lifestyle (UK) Ltd v HG Construction Ltd
Had the parties agreed an extension of time which the adjudicator failed to take account of?
Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust
Had the adjudicator departed from the parties’ submissions and/or decided the dispute on a basis which they did not have an adequate opportunity to deal with?
Issue 312
June’s Dispatch looks at natural justice, adjudicators departing from submissions and the formalities needed to agree an extension of time (EOT).
Contracts in Practice: the latest from the courts
Fenwick Elliott Partner Ben Smith was joined by Mathias Cheung of Atkin Chambers for a practical case law update which examined what recent decisions mean for parties drafting and administering construction contracts.
Visa Inc and others v Luxottica Retail UK Ltd
Ted Lowery considers a case concerning a disputed settlement agreement that was said to have produced an absurd outcome.
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?
RBH Building Contracts Ltd v James & Anor
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?
Issue 311
May’s Dispatch looks at withholding (or pay less) notices, and when the residential occupier exemption might prevent an attempted adjudication.
Delay Claims in Data Centre Construction: Part 2
In Part 2 of their analysis of delay claims in data centre construction, Fenwick Elliott partner Edward Foyle and GBSQD partner Ahmed Elkordy share guidance on what to do when the delays occur, how to manage delays on the project and how to make a claim in respect of critical delay caused.
GMC Utilities Group Ltd v Sumitomo Electric Industries Ltd
Did a letter form a binding agreement between the parties or was it simply part of an exchange which was subject to contract?
InstaGroup Ltd v Northwest Insulations Ltd & Anor
Following a creditors’ voluntary liquidation, could a claiming party make a call on a personal guarantee signed by a former director?