Implied Terms Relating to Discretionary Assessments

In the recent case of Everwarm Limited v BN Rendering Limited, the court considered a claim by Everwarm Limited (“Everwarm”) relating to an alleged overpayment of £798,468 to BN Rendering Limited (“BN”), and a counterclaim by BN in relation to […]

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Hawkswell Kilvington expands with appointment of nationally recognised Partner

We are delighted to confirm that David Spires has joined Hawkswell Kilvington as a Partner today. Our press release is below: Hawkswell Kilvington, the niche firm of award winning, specialist construction and engineering solicitors is continuing the expansion of its […]

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Hybrid Construction Contracts: Payment Notice Requirements

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the court considered a Part 8 ‘smash and grab’ claim for around £2 million, brought by C Spencer Limited (“CSL”) against MW High Tech Projects […]

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Is Requiring “sign-off” Before Payment Permissible?

The Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) requires that all construction contracts contain a compliant regime of interim and final payments. In the recent case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS Limited (formerly […]

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Extension of Time Applications for Unless Orders

In Everwarm Limited v BN Rendering Limited (Rev 2) [2019], the court considered which CPR rule should apply when deciding whether to grant a last-minute application for an extension of time in which to comply with an ‘unless order’. Background […]

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Fraud, Duress and Undue Influence – Guidance from the TCC

A recent TCC decision considered the hurdles to overcome in order to prove whether agreements are executed in circumstances of fraud, duress and/or undue influence. In the recent case of Nua Facades Limited; Nua Interiors Limited; Silk Property Developments Limited […]

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Exception Clauses and Causation – Guidance from the Court of Appeal

A recent Court of Appeal decision considered the extent to which an exceptions clause requires a party to prove that, notwithstanding the force majeure event, it would still have performed its obligations. In the recent case of Classic Maritime Inc. […]

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Notices of Adjudication: What’s in a Name?

Earlier this month, Palmloch Limited (“Palmloch”) sought to resist enforcement of an adjudication decision based upon the fact that the claimant, MG Scaffolding (Oxford) Limited (“MGS”) had commenced the adjudication against Palmloch’s trading name; MCR Property Group (“MCRPG”). The TCC […]

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Too Late to Adjudicate Under NEC Contracts?

Can a party to a non-Construction Act contract lose its right to adjudicate if it does not commence proceedings within a contractual time limit? In the recent case of Sitol Limited (“Sitol”) v Finegold the court considered the application of […]

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Hawkswell Kilvington shortlisted in three categories at the Yorkshire Legal Awards 2019

We are delighted to announce that Hawkswell Kilvington has been shortlisted in three categories at the 2019 Yorkshire Legal Awards: Niche Law Firm of the Year, Rising Star and Trainee Solicitor of the Year. The annual Yorkshire Legal Awards recognise […]

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