The impact of the COVID-19, or Coronavirus, outbreak has been felt by businesses at every corner of the globe and the UK construction industry is far from immune. With the recent announcement from Public Health England that widespread transmission of […]

In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an […]

In contrast to a ‘best endeavours’ obligation, a contractual obligation to use ‘reasonable endeavours’ will generally only require a party to take one of a number of reasonable courses of action in order to discharge the obligation. In addition, a […]

In the case of Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd and another [2019], the court rejected an urgent application for injunctive relief attempting to prevent an adjudicator and the other party to an adjudication […]

In the recent case of VVB M&E Group Limited & Anor v Optilan (UK) Limited, the court considered the terms of two ambiguously worded vesting certificates to determine whether ownership of materials had vested in the transferee. Background In 2015, […]

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 […]

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 […]

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 […]

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 […]

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 […]