REUTERS | Herwig Prammer

April 2011 digest: a royal wedding and bank holidays

Martin Luther:

“There is no more lovely, friendly and charming relationship, communion or company than a good marriage.”

No summary of April would be complete without mentioning William and Kate’s wedding. Kate’s dress has a lot to live up to, but we can only speculate on what it may be like, going to press two days before the big event! Hence a picture of Westminster Abbey instead.

April’s weather has been warm and pleasant (at least in the south east), where it has been one of the driest Aprils in years. For many, the end of the month brings another long weekend, following quickly behind a late Easter (Easter is the first Sunday after the first full moon following the spring equinox).

The courts were busy in April. The Supreme Court dismissed Enviroco Ltd’s appeal (on the definition of a subsidiary) and ended expert witnesses’ immunity from suit in Jones v Kaney (as discussed here). The Court of Appeal looked at section 1 of the Defective Premises Act 1972retention of title clauses in administration and dismissed an appeal in a public procurement claim. The High Court considered delay, extensions of time and City Inn v Shepherd (see Adam and Lucy’s comments) and a breach of the public procurement rules.

Last month we suggested that “very few adjudication enforcement cases [were] reported in March”. April has more than made up for any shortfall, with judgments both north and south of the border. In England, the TCC considered repudiatory breach of an adjudication agreement and injunctive relief, breach of the rules of natural justice, effective use of CPR Part 8 to clarify issues between the parties and the meaning of “in writing”. In Scotland, issues such as Tolent clauses and Yuanda v WW Gear (see Jonathan’s comments) and an adjudicator using his own knowledge and experience were before the Court of Session. We also advised you that Lynne McCafferty had reviewed and revised all of her adjudication materials.

Other issues in the news included section 7 of the Bribery Act 2010, the James review of education capital in schools, the choice of governing law clauses, facilitation payments and the Bribery Act 2010, revoking a copyright licence, the BCO’s new guide to construction materials, site waste management clauses, infrastructure plans and high speed rail links.

Finally, as Frank Sinatra sang:

“Love and marriage, love and marriage, go together like a horse and carriage.”

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