Posts by Harry Smith

  • A new benchmark for waiver in adjudication?

    It is now unusual for any case to raise a truly novel point in the context of adjudication enforcement. Aqua Leisure International Ltd v Benchmark Leisure Ltd – a case about a waterpark in Scarborough – raises two.

  • The Terminator’s dilemma

    The jurisprudence on the effect of termination on the recoverability of liquidated damages for delay has many things in common with the Terminator film franchise. First, both began ages ago and seem likely to run on and on forever. Second, the instalments in each are of variable quality and sometimes appear to have been produced … Continue reading The Terminator’s dilemma

  • Burning a Bridge

    It is unusual for a court of first instance to decline to follow obiter dicta of the appellate courts. This tendency is particularly marked where that appellate court is the House of Lords, and even more so when the obiter dictum in question is not in direct conflict with any other statement of the law … Continue reading Burning a Bridge

  • Don’t wind me up

    In Victory House General Partner Ltd, Re A company, Morgan J dismissed a petition to wind up Victory House, the employer under a building contract with RGB P&C Ltd, following its failure to pay a sum due to RGB pursuant to an adjudicator’s decision. The case is the most recent of a number of authorities … Continue reading Don’t wind me up