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Posted August 25, 2023 | Published in Dispute resolution

Serial adjudications: approach with care? [1]

The recent Court of Appeal case of Sudlows Limited v Global Switch Estates 1 Limited provides an excellent example of why serial adjudications should be approached with caution. The Court’s decision provides an extremely helpful summary of the key principles to be deployed by adjudicators (and party representatives) in working out if the dispute referred has already been determined.

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Claire King [2] | 0 comments [1]
Posted July 25, 2023 | Published in Dispute resolution

The Court of Appeal confirms door is wide open for fire safety defect claims by developers [3]

The Court of Appeal’s recent judgment in URS Corporation v BDW Trading Ltd provides useful guidance on key sections of the Building Safety Act 2022 and the Defective Premises Act 1972, relating to fire safety claims.

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Ben Smith [4] | 0 comments [3]
Posted June 19, 2023 | Published in Contracts & documentation

Authority and intention, and the importance of the underlying contract to co-insurance arrangements [5]

The Court of Appeal’s recent judgment in FM Conway Ltd v The Rugby Football Union and ors provides a comprehensive assessment of key issues affecting insurance options for construction projects. Senior Associate Andrew Jeffcoat reports on the decision.

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Andrew Jeffcoat [6] | 0 comments [5]
Posted April 18, 2023 | Published in Dispute resolution

The TCC provides yet more reasons why expert shoppers should beware … [7]

Katherine Butler returns to the topic of “expert shopping” with a review of two recent TCC decisions that should serve as cautionary tales for anyone looking to engage in the proscribed practice. 

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Katherine Butler [8] | 0 comments [7]
Posted April 4, 2023 | Published in Dispute resolution

Take your time and keep your options open: a review of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others [2022] EWHC 3275 (TCC) [9]

Laura Bowler considers the recent decision of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others [2022] EWHC 3275 (TCC).

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Laura Bowler [10] | 0 comments [9]
Posted February 16, 2023 | Published in Dispute resolution

TCC decision reaffirms difficulties in defending fire safety and defects claims [11]

In December 2022, the Technology and Construction Court handed down its decision in LDC (Portfolio One) Limited v (1) George Downing Construction Ltd and (2) European Sheeting Ltd [2022] EWHC 3356 (TCC), which is only the second substantive decision of the Court concerning cladding defects post-Grenfell after Mulalley & Co Ltd v Martlet Homes Ltd [12] [2022] EWCA 1813 (TCC).

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Ben Smith [4] | 0 comments [11]
Posted December 7, 2022 | Published in Dispute resolution

An art, not a science: the Court’s approach to cost budgeting [13]

Broad brushstrokes rather than fine lines. Laura Bowler considers the recent decision of Associated Newspapers Ltd v Buckingham Group Contracting Ltd and the recent guidance from the Court in relation to cost budgets and hourly rates. 

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Laura Bowler [10] | 0 comments [13]
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Links
[1] https://www.fenwickelliott.com/blog/dispute-resolution/serial-adjudications [2] https://www.fenwickelliott.com/team/king [3] https://www.fenwickelliott.com/blog/dispute-resolution/court-appeal-fire-safety-defect-claims-developers [4] https://www.fenwickelliott.com/team/smith-b [5] https://www.fenwickelliott.com/blog/dispute-resolution/authority-intention-contract-co-insurance-arrangements [6] https://www.fenwickelliott.com/team/jeffcoat [7] https://www.fenwickelliott.com/blog/dispute-resolution/tcc-expert-shoppers [8] https://www.fenwickelliott.com/team/butler [9] https://www.fenwickelliott.com/blog/dispute-resolution/energy-works-mw-high-tech [10] https://www.fenwickelliott.com/team/bowler [11] https://www.fenwickelliott.com/blog/dispute-resolution/tcc-decision-reaffirms-difficulties-defending-fire-safety-and-defects-claims [12] https://www.fenwickelliott.com/blog/health-safety/building-safety-act-changes [13] https://www.fenwickelliott.com/blog/dispute-resolution/cost-budgeting-court-proceedings [14] https://www.fenwickelliott.com/print/blog?page=3