Practical Law

In Burgess and another v Lejonvarn, Alexander Nissen QC (sitting as a Deputy High Court judge) determined that the defendant owed a duty of care in tort to her former neighbours in connection with what the court held to be the provision of a number of professional services on their garden project. This was so irrespective … Continue reading Blurred lines between liability in contract and tort →

Just over a year ago, I wrote a piece for this blog considering where the burden of proof lay if an adjudicator’s decision was challenged in subsequent litigation. If the adjudicator had, for example, decided that a contractor was entitled to additional payment for a claimed variation, would the employer have to disprove that entitlement, or … Continue reading Walker and the burden of proof: where are we after Aspect? →

A contractor and employer are in dispute as to whether a particular item of work constitutes a variation under their contract. The contractor starts an adjudication to resolve the dispute. The claim succeeds and the resulting adjudicator’s award is paid by the employer, who then issues court proceedings to recover the money. Does the employer … Continue reading Adjudication: reversing the burden of proof? →

In Jacobs UK Ltd v Skidmore Owings & Merrill LLP, Coulson J was asked to consider the meaning of an agreement that had been reached between Jacobs and SOM compromising their previous round of litigation. The case is a salutary warning of the need to ensure that the terms of any such agreement are clear … Continue reading Compromise agreement should be clear and comprehensive →