Economic Torts And Piercing The Corporate Veil – Can You Make A Claim Against Former Directors?

In the recent case of Palmer Birch (A Partnership) v Lloyd & Anor [2018], the TCC considered the requirements to establish economic torts as causes of action and whether a contractor was entitled to pursue the individuals behind an insolvent […]

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Challenges to Enforcement: No Breach of Natural Justice

This is the latest dispute between Vinci Construction UK Ltd (“Vinci”) and Beumer Group UK Ltd (“Beumer”) to arise out of a Sub-Contract concerning development works at Gatwick Airport. In this case, Beumer sought to resist enforcement of an adjudicator’s […]

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No Greater Liability Clauses and Collateral Warranties – When Does Limitation Expire?

Generally, claims brought outside the relevant limitation period will not be entertained by the courts. It is crucial therefore that parties know the date by which they must bring a claim. In the recent case of Swansea Stadium Management Company […]

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Adjudication: What if a Company is in Liquidation?

Companies in liquidation have typically encountered difficulties in seeking to enforce an adjudicator’s decision in their favour. In the recent case of Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) the court addressed whether a company […]

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Hawkswell Kilvington shortlisted for Niche Law Firm of the Year at the Yorkshire Legal Awards 2018

We are delighted to announce that Hawkswell Kilvington has been shortlisted for the Niche Firm of the Year award at the Yorkshire Legal Awards 2018. The annual Yorkshire Legal Awards recognise the most successful law firms and best legal talent […]

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Concurrent Delay: Allocating the Risk

Last year, it was held in North Midland Building Ltd v Cyden Homes Ltd that the prevention principle did not take precedence over freedom of contract. North Midland Building Ltd (“NMB”) appealed and the case was brought before the Court […]

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Contract Interpretation: Terms Will Not Be Implied Simply Because It May Appear Fair To Do So

The test for implying contractual terms was set out by the Supreme Court in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd. Whilst that case settled what the test is, the application of that test […]

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Can a Party Set-Off Against an Adjudicator’s Decision?

Disputes regarding set-off against an adjudicator’s award are rare in enforcement proceedings. However, in the recent case of MI Electrical Solutions Limited (“MI”) v Elements (Europe) Limited (“Elements”) the court considered this very point. The decision highlights the difficulties which […]

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Interpreting Contracts: The Need for Clear Words

The principles governing the interpretation of contracts have been the subject of several recent cases in the Supreme Court and whilst those principles may now be settled it is clear that the application of them is far from simple. In […]

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Exclusion Clauses: Incorporation and Reasonableness

In our article in May 2017 we considered the case of Goodlife Foods Limited (“Goodlife”) v Hall Fire Protection Limited (“Hall”) which concerned a widely drafted exclusion clause. In a unanimous decision, the Court of Appeal has now upheld that […]

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