It is only the beginning of February and already there is a new trend developing in the TCC: parties are making Part 8 applications during an adjudication. This is something I welcome (it was on my wish list for 2009). Continue reading
REUTERS | Kim Hong-Ji
February 10, 2009
TCC busy with two novel Part 8 applications in as many weeks
REUTERS | Aly Song
In the first paragraph of his judgment in Able Construction (UK) Ltd v Forest Property Development Ltd [2009] EWHC 159 (TCC), Mr Justice Coulson remarked that:
“This is an adjudication enforcement application under CPR Part 24 which raises a number of issues that are becoming a feature of these straightened times. From my particular vantage point, it appears that the current recession is providing the first real test of the adequacy of the adjudication regime introduced by the Housing Grants, Construction and Regeneration Act 1996 since the initial flurry of cases when the legislation first came into force.” Continue reading
REUTERS | Eduardo Munoz
February 3, 2009
Olympic contracts bring glimmer of hope for SMEs
Construction News has reported that small and medium sized enterprises (SMEs) from across Britain are winning work from the Olympic Delivery Authority (ODA). Continue reading
REUTERS | Navesh Chitrakar
February 2, 2009
Pre-action problems likely to persist
In a previous blog post we raised some of the practical problems that arise when trying to comply with the Pre-Action Protocol for Construction and Engineering disputes (the “Protocol”) in large multi party actions.
It would have been overly optimistic therefore to think the impending new Practice Direction on Pre-Action Conduct (the new Practice Direction) may address some of these concerns. Continue reading
REUTERS | Ognen Teofilovski
February 2, 2009
Unusually, the TCC refuses to enforce an adjudicator’s decision
The topic for discussion at the last Arbitration Society lunch (which I chaired) was the TCC’s decision in Quartzelec Limited v Honeywell Control Systems Limited [2008] EWHC 3315 (TCC).
This case raised a number of interesting points: Continue reading
