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In the recent case of The Sky’s The Limit Transformations Ltd v Dr Mohamed Mirza [2022], the TCC considered a disproportionately costly domestic building dispute involving issues of contract formation, termination and sums due under a final account. The Court […]
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Since the Grenfell Tower fire in 2017, the Government has taken a number of steps aimed at addressing the building safety and cladding crisis. Those steps have included provision for financial contributions to remedying unsafe cladding through the ACM cladding […]
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In the case of Mansion Place Limited v Fox Industrial Services Limited [2021], the TCC considered an alleged verbal agreement between parties and its impact on future claims. Background In February 2020, Mansion Place Limited (“MPL”) engaged Fox Industrial Services […]
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In John Doyle Construction Limited v Erith Contractors Limited [2021], the Court of Appeal (“CoA”) discussed the principles which apply when enforcing an adjudicator’s decision in favour of an insolvent company. Background In 2010, Erith Contractors Limited (“Erith”) engaged John […]
Read MoreIn Blu-Sky Solutions Limited -v- Be Caring Limited [2021], the Commercial Court considered contract formation, incorporation of terms and conditions, and invalidity of onerous provisions. Contractual Background: Blu-Sky Solutions Limited (the “Claimant”), a supplier of telecommunication services, claimed c£180,000 from […]
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In the recent case of Downs Road Development LLP -v- Laxmanbhai Construction (UK) Limited [2021], the TCC considered issues concerning the validity of payment notices, as well as questions of natural justice and the severability of adjudication decisions. Background Downs […]
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In the recent case of Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC), the TCC considered the construction and enforceability of a liquidated damages clause where the employer had taken partial possession […]
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On Friday, the Supreme Court handed down its judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, unanimously overturning the Court of Appeal’s earlier decision relating to liquidated damages (“LADs”) where a contract has been […]
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The Building Safety Bill 2021 (the “Bill”) proposes to expand the limitation period for property owners to bring a claim for defective works from six years to fifteen years. This legislation, if passed in its current form, would apply retrospectively, […]
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In the recent case of Dana UK AXLE Ltd -v- Freudenberg FST GMBH [2021] EWHC 1413 (TCC), the TCC considered an application to exclude technical expert evidence mid-way through a trial. Background On 5 May 2021, a trial commenced in […]
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