In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an […]

In contrast to a ‘best endeavours’ obligation, a contractual obligation to use ‘reasonable endeavours’ will generally only require a party to take one of a number of reasonable courses of action in order to discharge the obligation. In addition, a […]

In the recent case of Everwarm Limited v BN Rendering Limited, the court considered a claim by Everwarm Limited (“Everwarm”) relating to an alleged overpayment of £798,468 to BN Rendering Limited (“BN”), and a counterclaim by BN in relation to […]

The Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) requires that all construction contracts contain a compliant regime of interim and final payments. In the recent case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS Limited (formerly […]

In Everwarm Limited v BN Rendering Limited (Rev 2) [2019], the court considered which CPR rule should apply when deciding whether to grant a last-minute application for an extension of time in which to comply with an ‘unless order’. Background […]

A recent TCC decision considered the hurdles to overcome in order to prove whether agreements are executed in circumstances of fraud, duress and/or undue influence. In the recent case of Nua Facades Limited; Nua Interiors Limited; Silk Property Developments Limited […]

A recent Court of Appeal decision considered the extent to which an exceptions clause requires a party to prove that, notwithstanding the force majeure event, it would still have performed its obligations. In the recent case of Classic Maritime Inc. […]

Earlier this month, Palmloch Limited (“Palmloch”) sought to resist enforcement of an adjudication decision based upon the fact that the claimant, MG Scaffolding (Oxford) Limited (“MGS”) had commenced the adjudication against Palmloch’s trading name; MCR Property Group (“MCRPG”). The TCC […]

Can a party to a non-Construction Act contract lose its right to adjudicate if it does not commence proceedings within a contractual time limit? In the recent case of Sitol Limited (“Sitol”) v Finegold the court considered the application of […]

Subtle differences in the interpretation of a contract can have a significant impact on the rights and obligations of the parties. In the recent case of Network Rail Infrastructure Limited (“Network Rail”) v ABC Electrification Limited (“ABC”), over £13million potentially […]