Practical Law

Can a dormant company enforce an adjudicator’s decision in its favour? It may take an unusual set of facts to produce such a situation (in both cases where it has happened, there was a dispute as to who was the correct contracting party). However, the answer is yes. So long as it falls on the right side … Continue reading Parent and group company guarantees, dormant companies and adjudication enforcement →

Every so often the TCC produces a judgment that serves as a cautionary tale of how domestic building projects can go wrong and how the resultant litigation can be often be a: “… financial disaster for one of the parties and, even if not, likely an expensive and ultimately unrewarding result for both.” Those who … Continue reading Domestic building claims: £25k’s the limit or the end of the residential occupier? →

Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) … Continue reading Does the Limitation Act 1980 apply to adjudication? →

Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies. At present, … Continue reading Coronavirus, adjudication and injunctions →

We will all be familiar with the questions asked and answered by solicitors in the lead up to the purchase of a house. For commercial property the same process is carried out but the stakes, at least financially, can be even higher. Pre-contract correspondence between solicitors can be a fertile ground for possible misrepresentation claims … Continue reading Developer disputes: misrepresentation and summary judgment →

Earlier this year, Fraser J gave a significant judgment in which he: Confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision. Developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. Gosvenor London Ltd v Aygun … Continue reading “All you need is fraud?”: stays of execution and adjudication enforcement →

In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.

The court has jurisdiction to make charging orders over property, shares or other interests by virtue of section 1 of the Charging Orders Act 1979 (COA 1979). In construction claims, a charging order can be an appropriate method of enforcing, or at least securing, a judgment where there is a risk that the judgment debtor may … Continue reading “Out of service”: charging orders and service on non-parties outside the jurisdiction →