Practical Law

• by Helen Dennis
• Barrister

Last month, the Court of Appeal handed down its judgment in Septo Trading Inc v Tintrade Ltd.  While the case does not change the law, it provides a helpful outline as to the approach to be taken to interpreting alleged inconsistencies between bespoke terms and the terms of standard forms within a given contract. The … Continue reading Interpretation of alleged inconsistencies between bespoke terms and standard forms →

• by Allen Dyer
• Barrister

In two recent decisions, the Court of Appeal has reconsidered the question of whether the dispute in successive adjudications is “the same or substantially the same” dispute. The answer to the question is important because paragraph 9(2) of the Scheme for Construction Contracts 1998 provides that if the second dispute is the same or substantially … Continue reading Has the same dispute again been referred to adjudication? →

• by Jessica Stephens
• Barrister

In the recent decision in Rydon Maintenance Group v Affinity Sutton Housing Ltd, HHJ Raeside QC gave short shrift to a party opposing enforcement of an adjudicator’s decision on the basis of a lengthy catalogue of gripes about the unfair conduct of the adjudication.

• by Richard Osborne
• Barrister

Even before the tougher approach to compliance with rules and practice directions recently adopted by the courts, limitation was the area of the law most likely to cause practitioners sleepless nights. The recent TCC decision in Lincolnshire County Council v Mouchel Business Services has re-enforced the courts’ lack of sympathy for claimants who fail to … Continue reading Limitation and extensions of time for service in a post-Mitchell world →

• by Lynne McCafferty
• Barrister

What steps can an adjudicator take to safeguard a decision against a challenge for breach of the rules of natural justice? When will a court refuse to enforce an award on natural justice grounds? And should adjudicators even be under a duty to comply with the rules of natural justice? These are all topics that … Continue reading What is natural justice in adjudication? →

• by Jennie Gillies
• Barrister

It would be foolish to attempt to make predictions regarding the way in which case law might develop after 1 October 2011, save to say that a number of fertile battle grounds are sure to emerge as a result of the repeal of section 107 of the Construction Act 1996. Before battle lines are drawn, however, … Continue reading Dealing with the practicalities of the amendments to the Construction Act 1996 →

• by Lynne McCafferty
• Barrister

Part 8 of the LDEDC Act 2009 comes into force next month. One of the most radical changes it makes to Part II of the Construction Act 1996 is the repeal of the requirement (in section 107) that the construction contract be made in writing. From 1 October 2011, construction contracts need no longer be in writing … Continue reading What is the effect of extending the adjudication regime to oral contracts? →

• by Lynne McCafferty
• Barrister

Last week, Lindsay Collett of Berwin Leighton Paisner LLP reported on Edwards-Stuart J’s presentation on e-working in the Technology and Construction Court (TCC) to the TeCSA and TECBAR annual joint conference. Akenhead J, the Judge in charge of the TCC, also reported more generally at the conference on TCC news.

• by Laura Crowley
• Barrister

In January 2011, the Court of Appeal handed down judgment in Robinson v Jones, which concerned the extent to which a building contractor could be held, in addition to its contractual obligations, to owe a duty of care in tort not to cause pure economic loss. In delivering the leading judgment, Jackson LJ emphasised that the … Continue reading Robinson v Jones: have we heard the last word on builders’ concurrent duties in contract and tort? →

• by Lynne McCafferty
• Barrister

Ramsey J gave the keynote speech at the joint TeCSA/TECBAR conference on 28 June 2010, which was attended by around 80 solicitors and barristers.

• by Lynne McCafferty
• Barrister

As the new broom in the TCC, Edwards-Stuart J has carried out some important spring cleaning and, in Yuanda v WW Gear, he has delivered possibly the most significant decision in construction law so far this year.

• by Jonathan Lewis
• Barrister

I acted for the claimant in Anrik Limited v AS Leisure Properties Limited (8 January 2010, unreported). We were before Mr Justice Edwards-Stuart in the Technology and Construction Court (TCC). Two important points arise from this case: What date will the court assess a change in financial position on an application for a stay of execution of a judgment … Continue reading Stays of execution in adjudication: assessing a change in financial position and a new threshold test →

• by Lynne McCafferty
• Barrister

Adjudication was originally conceived as a quick and convenient means of resolving disputes during the life of a project. Increasingly, adjudication has become popular as a means of resolving disputes after practical completion. But what about disputes concerning the termination of the contract itself?

• by Lynne McCafferty
• Barrister

Responding parties often argue that they have been the victim of an ambush by the referring party, but what is an ambush and why does it matter?

• by Lynne McCafferty
• Barrister

Much has been written in recent months about the proposed amendments to the Construction Act 1996. It is not yet clear how many of these amendments will survive the next stages of the legislative enquiry.

• by Lynne McCafferty
• Barrister

I agree with the recent MCMS post that 2009 is likely to see an increased use of the CPR Part 8 procedure to bring jurisdictional challenges before or during an adjudication.