CPR Part 8 claims: what are they and when should you consider starting one?
Adjudication remains a focus of our Reviews. Martin Ewen discusses the Part 8 procedure, which often features in adjudication enforcement claims.
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Insolvency of the main contractor: 15 top considerations for the employer
Having acted for employers on four projects in the past year where the main contractors have become insolvent, Martin Ewen reviews his top 15 actions for employers to consider when faced with main contractor insolvency.
It’s time to review your contract payment terms
There has always been an uneasy interaction between the payment provisions in the Construction Act and the need for parties to a construction contract to invoice one another. As Martin Ewen explains, a new Technology and Construction Court case heard earlier this year has closed a frequently used contractual “workaround” and made both clients and contractors look again at their standard terms.
Adjudication Update: it’s not just about Bresco
Partners Martin Ewen and Jeremy Glover and Melissa Shipley of 39 Essex Chambers discuss a number of developments in adjudication practice since our successful first webinar on 14 May 2020, not least the Bresco decision.
Are milestone payments a sufficient mechanism for payment in construction contracts?
In the recent case of Bennett (Construction) Limited v CIMC MBS Limited, the Court of Appeal considered whether milestone payments in a construction contract constituted an adequate mechanism for payment in terms of the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Act”). Martin Ewen explains more.
When can a party seek a stay of an adjudicator’s decision?
Martin Ewen reviews a decision of Mr Justice Fraser where he extended the long-established grounds on which a party can seek a stay of execution of an adjudicator’s decision.
Product liability
Martin Ewen reviews product liability law in England and Wales and also whether there is a limit on the level of damages awarded in actions for wrongful death arising from defective products.
The jurisdiction of the arbitral tribunals
The Court of Appeal had to decide whether an International Chamber of Commerce (“ICC”) tribunal had jurisdiction to hear a dispute which arose out of myriad agreements related to oil exploration in Pakistan.
English Court of Appeal allows enforcement of an arbitration award on the grounds of excessive delay in the court proceedings challenging the award at the seat of arbitration
The Court of Appeal decided that the lengthy delays (which it was estimated could run into decades) in the proceedings challenging the award in Nigeria were such that it would be inconsistent with the principles of the New York Convention if IPCO had to wait until the outcome of those challenges in the Nigerian courts before being able to enforce the award.
First Supreme Court decision on construction adjudication
Adjudication continues to feature prominently in the work of the TCC in the UK. Martin Ewen discusses the first adjudication case to reach the Supreme Court.
Court removes arbitrator based on justifiable doubts as to his impartiality
A party may apply to the English court to remove an arbitrator on the grounds that circumstances exist that give rise to justifiable doubts as to his impartiality.
Eurocom Ltd v Siemens PLC
Was the appointment of the adjudicator valid?