In Soteria Insurance Ltd v IBM United Kingdom Ltd [2022], the Court of Appeal overturned a High Court decision by finding that the words “loss of profit, revenue, savings (including anticipated savings)” in a limitation of liability clause did not […]

In a further change to the Building Safety Bill put forward following the Grenfell Tower tragedy in 2017, the Government has now scrapped the requirement to appoint a Building Safety Manager during the occupation phase of a construction project. Background […]

Effective from 1 April 2022, HMRC has issued revised guidance on the treatment of VAT for termination and compensation payments. Read on for details of this more nuanced approach to VAT treatment. Background Guidance issued by HMRC in late 2020 […]

In an important recent decision, D McLaughlin & Sons Limited -v- East Ayrshire Council, the Scottish Court of Session (the “CSOH”) has considered final certificate conclusivity and time bar provisions and their application to interim payment disputes. Background D McLaughlin […]

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 […]

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 […]

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 […]

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 […]

In 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 […]

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 […]