Insolvency and Adjudication: Clarity from the UK Supreme Court

In 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 […]

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Challenging the Substantive Merits of an Adjudicator’s Decision on Enforcement

We recently represented the successful claimant in the case of J Tomlinson Limited v Balfour Beatty Group Limited, in which the Technology and Construction Court (the “TCC”) considered the limited exceptions where the enforcement of adjudicators’ decisions can be successfully […]

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Enforcement of an Adjudicator’s Decision and Stays of Execution

We 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 […]

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True Value Adjudications and Stays of Execution

In 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. […]

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Interpreting Indirect and Consequential Loss Exclusion Clauses

Traditionally, 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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COVID-19 and Future Construction Contracts – How Can You Minimise the Risk?

Whilst no one yet knows the full extent of the potential implications of COVID-19 on the construction industry, it is now inevitable that almost all construction companies are going to be affected in some way. Contractors are likely to be […]

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Planning for COVID-19 Site Closures

At the date of writing, the official advice from Robert Jenrick, the Secretary of State for Housing, Communities and Local Government, is that individuals working on construction sites can continue to do so but must follow Public Health England’s guidance […]

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COVID-19 or “Coronavirus” – Force Majeure, Frustration and Cash-Flow Considerations

Earlier this month we published a bulletin considering the potential implications of COVID-19 on construction companies and how to mitigate them. Since then, the Government has advised widespread social distancing and self-isolation; including the recommendation that entire households should self-isolate […]

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Hybrid Construction Contracts: Guidance from the Court of Appeal

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the Court of Appeal considered whether, in the case of a hybrid contract (one which provides for both “construction operations” and “non-construction operations” within the […]

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Indemnity Costs Orders – Guidance from the Court of Appeal

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 […]

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