The recent Judgment of the Commercial Court in Classic Maritime Inc. (“CMI”) v Limbungan Makmur SDN BHD & Anor (“Limbungan”) [2018] examines the role of causation when defending a matter on the grounds of force majeure. The Judgment also includes […]

In the recent case of Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd, the Court of Appeal overturned the decision of Coulson J (then of the Technology and Construction Court). Contrary to Coulson J’s Judgment, it was held that, the […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]