In Sudlows Ltd v Global Switch Estates 1 Ltd [2023] EWCA Civ 813, the Court of Appeal has provided useful guidance as to the approach to be adopted when considering potential overlap between adjudication decisions. Background to the Case Global […]

URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 In its recent decision in URS Corporation Ltd v BDW Trading Ltd, the Court of Appeal has provided important guidance in respect of construction law questions old and new. […]

It is often said that an adjudicator’s decision is of ‘temporary finality’. That is to say, it is contractually binding upon the parties unless and until their underlying dispute is finally determined by way of arbitration or litigation. But quite […]

Judgment has very recently been handed down by HHJ Stephen Davies in Martlet Homes Limited v Mulalley & Co. Limited, the first substantive Judgment from the TCC on defective cladding since the Grenfell tragedy in 2017. In associated Court of […]

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 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 […]

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 […]

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 […]

In the recent case of Optimus Build Ltd v Southall & McManus, the Technology and Construction Court (TCC) considered a dispute in which the contractor believed the contract was a fixed price contract and the employer believed it to be […]