Practical Law

The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): … Continue reading Private AI – claims against approved inspectors →

The judicial task is one fraught with difficulty: the complexity of the issues, the evolving nature of the common law, and the risk of appeal all figure large. This is particularly the case when judges turn to consider the correct interpretation of limitation and exclusion clauses, for two principal reasons: The law of interpretation of … Continue reading Court of Appeal in Transocean interprets limitation and exclusion clause →

Two recent decisions in the TCC have considered the circumstances in which indemnity costs are awarded in adjudication enforcement hearings: Savoye and Savoye Ltd v Spicers and Eurocom v Siemens.

In adjudication, the identity of the adjudicator can be of critical importance. Not only do adjudicators decide the referred dispute, they also deal with questions of jurisdiction, and manage the fairness of the process. Some experienced users of adjudication develop favourites or those they would rather avoid. Not surprisingly, referring parties have sought to influence … Continue reading Eurocom v Siemens: a “strong prima facie” case of fraudulent misrepresentation →

The third revision of the second edition of the TCC Guide was published on the MOJ website on 1 May 2014. The first edition of the Guide since the Jackson reforms, it contains interesting and important changes from the second revision, published in October 2010. Here are a few of my selected highlights for practitioners to watch … Continue reading The new TCC Guide: post-Jackson pitfalls →