The Construction Briefing is an alternative way of learning about key developments in construction law, with the Practical Law Construction editorial team discussing some of the wider issues those developments raise.
In Episode 12, Michelle Rousell and Yassir Mahmood discuss the Court of Appeal’s judgment in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP. They are joined by Barry Hembling, partner at Watson Farley and Williams, who has represented Abbey Healthcare throughout the litigation.
In addition to explaining what the Court of Appeal decided, they consider:
- Who will welcome this decision and who might be worried by it?
- In terms of drafting, what can you do to make sure that your collateral warranty can be adjudicated, and what can you do to make sure it can’t?
- How does this judgment affect third party rights? Might parties start favouring them?
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