Practical Law

There is a robust policy of enforcing adjudicators’ decisions, and in not allowing that policy to be undermined simply because a party alleges fraud. However: “Where, exceptionally, it is properly arguable on credible evidence that an adjudication decision was itself procured by fraud that was reasonably discovered after the adjudication, the court is unlikely to … Continue reading Adjudication decisions procured by fraud →

This post examines the legal and practical implications of enforcing adjudicator’s decisions against parties threatening insolvency. The TCC recently considered the applicable principles in Bernhards Sports Surfaces Ltd v Astrosoccer4u Ltd. Judgment has been given and it is in the process of being reported.

This post considers two independent, albeit related, issues: What if a deed has been signed and executed by only one party? In what circumstances will there be a valid contract where the parties envisage execution of a further document in respect of the terms of an agreement, which document is not in fact subsequently executed?

What is the correct approach to causation in cases concerning natural nuisances where a landowner does nothing at all to abate such a nuisance on his land? That was the question for the Court of Appeal in Robbins v London Borough of Bexley, a case that concerned property damage caused by tree roots.