Practical Law

Construction, engineering and energy disputes often give rise to issues as to the design standard to which a design and build contractor ought to be held. In such cases, the issues often relate to how the contractor’s obligations (which may be diffuse) interrelate with one another. Disputes are particularly likely to arise where the parties’ … Continue reading Supreme Court rules on diffuse design and build obligations →

In Carillion Construction Ltd v Emcor Engineering Services Ltd and others, an issue arose as to the proper interpretation of a relatively unusual extension of time clause in a standard form construction contract. Carillion contended that the particular nature of the clause warranted a departure from the method by which extensions of time are usually added … Continue reading Extension of time orthodoxy prevails in Carillion v Emcor →

In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd, the Supreme Court has clarified the law on implied terms. In doing so, it appears to have consigned Lord Hoffmann’s decision in Attorney General of Belize v Belize Telecom Ltd to history.

This post considers the implications of the Supreme Court’s ruling on penalty clauses in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis but first, the background to the penalty rule.

Relief from Sanctions: The background Following the implementation of the Civil Procedure Rules it was widely considered that the courts were being too indulgent in their attitude towards parties that failed to comply with deadlines imposed by rules, practice directions and court orders. This general perception led to the publication of the Review of Civil … Continue reading Denton: Mitchell clarified and amplified →