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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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.
Had the parties agreed an extension of time which the adjudicator failed to take account of?
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?
June’s Dispatch looks at natural justice, adjudicators departing from submissions and the formalities needed to agree an extension of time (EOT).
Ted Lowery considers a case concerning a disputed settlement agreement that was said to have produced an absurd outcome.
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?
May’s Dispatch looks at withholding (or pay less) notices, and when the residential occupier exemption might prevent an attempted adjudication.
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?
April’s Dispatch looks at personal guarantees and the movement from “subject to contract” letters to binding agreements.
Ted Lowery looks at a case that examines whether a settlement agreement became binding.