25 March 2013
In an article written for Issue 05 of International Quarterly, Jeremy Glover discusses whether there has been a change in the approach of the English courts to the question of whether or not English law does or should recognize a general duty to perform contracts in good faith.
February 2013
In an article first published in the RICS Construction Journal, February – March 2013, Nicholas Gould and James Mullen consider the impact on parties to construction contracts of recent court rulings concerning an adjudicator’s right to recover fees, ad hoc agreements and set-off.
January 2013
Nicholas Gould discusses the recent case of Wuhan Guoyu Logistics Group Co Limited & Others v Emporiki Bank of Greece SA where the Court of Appeal reversed the first instance decision of the Commercial Court that a security document was a guarantee rather than an on-demand bond. However, neither the first instance judge nor the Court of Appeal found the case particularly easy and so the guidance given by the Court of Appeal will be helpful in distinguishing on-demand bonds from guarantees in the future.
January 2013
In a paper written for the Procurement Journal, Jeremy Glover examines the use of expert evidence in procurement disputes.
Jeremy looks at the case of BY Developments Ltd v Covent Garden Market Authority [2012], which was heard before Coulson J. This case raised important issues about the extent to which, if at all, expert evidence can be admissible or relevant in a procurement dispute under the Public Contracts Regulations.
November 2012
In this paper, Julian Critchlow discusses the implications of the Walter Lilly v Mackay case, giving information on concurrent delay, delay analysis, global claims, proving loss and expense and recovering monies where liability settled with a third party.
December 2012
Nicholas Gould’s short article focuses on suspension and termination of construction contracts looking at the mistakes commonly made when the contractual procedures - such as issuing notices and allowing the relevant time periods to lapse - are not followed before suspending or terminating a contract.
Identifying the correct applicable law is, therefore, always important and in the UAE particularly important to avoid a court order.
Links
[1] https://www.fenwickelliott.com/sites/default/files/jeremy_glover_-_issue_05_-_iq_2013_-_good_faith.indd_.pdf
[2] https://www.fenwickelliott.com/sites/default/files/nick_gould_and_james_mullen_-_paid_by_results.pdf
[3] https://www.fenwickelliott.com/sites/default/files/nick_gould_-_bonds_and_guaantees_-_classifying_a_security_document_as_a_guarantee_or_an_on-demand_bond_remains_problematic.indd_.pdf
[4] https://www.fenwickelliott.com/sites/default/files/jeremy_glover_-_moving_the_stalls_procurement__outsourcing_journal.pdf
[5] https://www.fenwickelliott.com/sites/default/files/julian_critchlow_-_walter_lilly_and_company_ltd_v_gpc_mackay_and_dmw_developments_ltd.pdf
[6] https://www.fenwickelliott.com/sites/default/files/nick_gould_-_uae_-_civil_code_-_suspension_and_termination_of_construction_contracts.pdf
[7] https://www.fenwickelliott.com/print/research-insight/articles-papers/contract-issues?page=5
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