Posts by Tom Owen

  • Enforcing adjudication decisions against parties threatening insolvency

    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.

  • Practical guidance on unsigned deeds and agreements to be formalised

    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?

  • Tree roots: causation in natural nuisance cases

    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.