Practical Law

Much has been written on the Supreme Court case of Bresco v Lonsdale and it has most recently been relied on by a party in the adjudication enforcement case of WRW Construction Ltd v Datblygau Davies Developments Ltd. However, as will be discussed in this blog, it was of limited assistance.

Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the re-formulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell v News Group Newspapers Ltd. The strictness of the approach in Mitchell led to an outcry … Continue reading Ten-day delay in filing cost budget was serious but so what! →

As the deluge of smash and grab adjudications continues to percolate through the construction industry, shrewd contractors are advancing more and more creative legal submissions as a way of reviving interim payment applications that have somewhere gone awry. Twice in the past year, the TCC has been addressed on the issue of whether a contractor can … Continue reading An (e)stopped clock is right twice a day. Is your engineer’s conduct a ticking time bomb? →