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Welcome to our 2025/26 Annual Review, now in its 29th edition.
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Welcome
Termination: the latest legal and contractual developments
Fenwick Elliott Partners Simon Tolson and Karen Gidwani are joined by 4 Pump Court’s Sanjay Patel to discuss the latest case law and developments surrounding termination, including the recent case of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others.
Win, lose or draw! Mediating Construction Disputes
Mediation can lead to flexible, confidential settlements, save time and money, preserve relationships and manage risk – when it works. Fenwick Elliott Partners Karen Gidwani and Lucinda Robinson discuss what mediation is, why and how it is used and provide some practical tips on how to set it up for success.
Triple Point: more than simply ‘liquidated damages’
One of the biggest cases of 2021 was the Triple Point decision about liquidated damages in the Supreme Court. Karen Gidwani explains what you need to know.
Termination: managing the way out of a contract
Karen Gidwani and Lucinda Robinson provide practical guidance on the issues you need to consider for termination, whether at common law or under the contract.
Termination: Managing the way out of a contract
Partners Karen Gidwani and Lucinda Robinson discuss how best to navigate your way through the practical and legal issues when faced with the termination of a contract.
Design obligations: fitness for purpose
As Karen Gidwani explains, this year brought the conclusion to the long running case of MT Højgaard A/S v E.ON Climate and Renewables UK Robin Rigg and another. Fenwick Elliott acted for MTH.
Fitness for purpose
Karen Gidwani illustrates the danger of simply relying on a reference in the contract documents to define a particular purpose in the context of a fitness for purpose (or for that matter any) clause.
Latest developments in adjudication – insolvency
Karen Gidwani, in an extract from a paper given at our “Managing and Resolving Construction Disputes” seminar discusses the impact of insolvency when it comes to enforcing adjudication decisions.
Adjudication in Practice
Karen Gidwani, in a paper prepared for the 15th Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London, reviews a number of practical points a party should bear in mind when adjudicating.
“Alternatives to the Dispute Board – Project Mediation”
5 October 2007Karen Gidwani, in a paper given at the FIDIC Contracts Conference 2007, considers the application of project mediation to the FIDIC form. In her analysis, Karen considers how project mediation works and discusses the CEDR model project mediation protocol and agreement, a joint Fenwick Elliott and CEDR initiative launched in December 2006.