Within reason: TCC content to enforce succinct Decision

In Bexhill Construction Ltd v Kingsmead Homes Ltd [2023], the TCC held that an adjudicator’s decision was enforceable and rejected arguments that the adjudicator had breached the rules of natural justice by not considering all defences raised. Background Kingsmead Homes […]

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TRIO OF PROMOTIONS STRENGTHENS GROWTH

Hawkswell Kilvington, has made a series of promotions to its senior team promoting Claire Saunders, Matthew Shotton and Rebecca Jackson to their new role as Legal Director. The trio of specialist construction lawyers deal with complex and high value construction disputes […]

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September Newsletter

Here is our September newsletter where we will share with you a roundup of our recent bulletins highlighting important developments in construction law, together with some HK news and details of our Autumn seminar programme. Please feel free to make […]

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Works despite quirks: liability cap upheld by TCC notwithstanding difficult language

In Drax Energy Solutions Limited v Wipro Limited [2023], the TCC upheld a contractual clause said to impose a single liability cap for all claims arising out of a master services agreement. The Background to the Case Drax entered into […]

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The first answer is often the right one: Court of Appeal upholds Adjudicator’s ‘Primary Decision’

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 […]

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Exams season | Court of Appeal answers wide ranging series of construction law questions

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. […]

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No get-off through set-off: TCC rejects Defendant’s attempt to set-off competing adjudication awards

FK Construction Ltd v ISG Retail Ltd [2023] In FK Construction Ltd v ISG Retail Ltd [2023], the Court declined to exercise its discretion to permit set-offs arising from other adjudication decisions between the same parties.  The Background to the […]

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Disputing the DRP: when might a Dispute Resolution Procedure be unenforceable?

Kajima Construction Europe (UK) Ltd v Children’s Ark Partnership Ltd [2023] In Kajima Construction Europe (UK) Ltd v Children’s Ark Partnership Ltd [2023], the Court of Appeal found the first instance Judge had been correct to conclude that a dispute […]

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The worst part: inappropriate use of Part 8 proceedings in an effort to resist enforcement

Issuing a Part 8 claim is a strategy respondent parties sometimes adopt in an effort to resist enforcement of an adjudicator’s decision. However, the criteria set out in Part 8 are narrower than is commonly imagined, and often as not, […]

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Remoteness defence struck out in cladding claim

In Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Limited [2022], the Technology and Construction Court was asked to rule upon the Defendant contractor’s argument that the losses claimed against it were too remote to be recoverable at […]

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