Amber Construction Services Ltd v Ilyrian Construction Ltd
How will the Insolvency Courts approach an application to restrain the advertisement of a winding-up petition?
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How will the Insolvency Courts approach an application to restrain the advertisement of a winding-up petition?
Was LUC entitled to a stay of an adjudicator’s decision on the grounds of Avanton’s financial position and/or, rather more unusually, its own?
October’s Dispatch reviews an attempt to stay enforcement of an adjudicator’s decision and the risks of using winding-up petitions to compel payment.
Ted Lowery considers a judgment which confirmed that necessity is the mother of implication.
Ted Lowery considers a case in which delays in setting up a project bank account left a subcontractor exposed.
How will the court decide whether or not an adjudicator’s reasons are sufficient?
Had the adjudicator gone off on a frolic of their own in deciding that time was at large?
Could one party claim the costs of an unsuccessful Early Neutral Evaluation?
September’s Dispatch looks at Early Neutral Evaluation and two enforcement cases where the approach of the adjudicator was challenged.
Ted Lowery considers a case in which the surety argued that a performance bond demand included not enough and too much information.
What is the correct legal test for challenging a call made against a bond?
Did the payment notice comply with the necessary statutory and contractual requirements? If it did not, what was the consequence?