In the case of JSM Construction Limited v Western Power Distribution (West Midlands) Plc, the Technology and Construction Court (TCC) considered whether the absence of a final account provision rendered a contractual payment mechanism inadequate. Background Western Power Distribution (West […]
Read MoreIn the case of Energy Works (Hull) Ltd -v- MW High Tech Projects UK Ltd and Outotec (USA) Inc, the Technology and Construction Court (“TCC”) considered the legal effect of an assignment and a contribution claim. Background In November 2015, […]
Read MoreIn the recent case of Lane End Developments Construction Limited v Kingstone Civil Engineering Limited the court considered a claim for a declaration that an adjudicator’s decision should be set aside and/or not enforced as well as a cross claim […]
Read MoreIn the case of MW High Tech Projects UK Limited v Balfour Beatty Kilpatrick Limited, the Technology and Construction Court (the “TCC”) considered the operation of a “no crystallised dispute” challenge to the Adjudicator’s jurisdiction in the context of an […]
Read MoreIn the case of Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd, the UK Supreme Court (the “UKSC”) considered important questions about the operation of two statutory regimes; namely, adjudication and insolvency set-off. In particular, the […]
Read MoreWe recently represented the successful claimant in the case of J & B Hopkins Limited -v- Trant Engineering Limited, in which the Technology and Construction Court (the “TCC”) had to consider the enforcement of an adjudicator’s decision as well as […]
Read MoreIn the recent case of DBE Energy Ltd v Biogas Products Ltd, the Court considered a claim by DBE Energy Limited (“DBE”) for breach of contract and negligence against Biogas Products Limited (“Biogas”) in relation to the design, manufacture and […]
Read MoreIn the case of Broseley London Limited v Prime Asset Management Limited (Trustee of the Mashel Family Trust), the Technology and Construction Court (the “TCC”) considered the applicability of true value adjudications as well as applications for stays of execution. […]
Read MoreIn the recent case of Platform Interior Solutions Limited v ISG Construction Limited, the TCC considered a number of challenges to an adjudicator’s decision and also whether payment of the adjudicator’s fees constituted a waiver of the right to challenge […]
Read MoreTraditionally, the English courts have applied a very narrow interpretation to indirect loss and expense exclusion clauses. In the recent case of 2 Entertain Video Ltd (“2E”) v Sony DADC Europe Ltd (“Sony”), the TCC has considered whether a more […]
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