In the case of Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in liquidation), the Technology and Construction Court (“TCC”) provided an unequivocal statement that a company in liquidation could not refer a dispute to adjudication. However, in […]

In the recent TCC case of Mears Limited v Costplan Services (South East) Limited & Others [2018], the court considered the meaning of ‘practical completion’ and whether a material variation and breach of a contract term will prevent achieving the […]

In the recent case of University of Warwick v Balfour Beatty Group Ltd [2018] the TCC held that the proper construction of the definition of Practical Completion did not mean that the entire works had to be complete before a […]

The recent Judgment of the Commercial Court in Classic Maritime Inc. (“CMI”) v Limbungan Makmur SDN BHD & Anor (“Limbungan”) [2018] examines the role of causation when defending a matter on the grounds of force majeure. The Judgment also includes […]

Generally, claims brought outside the relevant limitation period will not be entertained by the courts. It is crucial therefore that parties know the date by which they must bring a claim. In the recent case of Swansea Stadium Management Company […]

The test for implying contractual terms was set out by the Supreme Court in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd. Whilst that case settled what the test is, the application of that test […]

The principles governing the interpretation of contracts have been the subject of several recent cases in the Supreme Court and whilst those principles may now be settled it is clear that the application of them is far from simple. In […]