Blog

No to Enforcement: Adjudications cannot override Legal Principles

13 October 2021

The General Rule: The Technology and Construction Court (TCC) is non-interventionist and reluctant to accept challenges to adjudicators’ decisions in enforcement proceedings. This is because the court considers that an adjudicator’s decision should be upheld if he has answered the…

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Hope for Homeowners?

30 September 2021

In brief…. Following the Government’s Independent Review of Building Regulations and Fire Safety, the Government are planning to introduce ground breaking reforms which will significantly impact the regulatory landscape for building standards and safety. With the introduction of the Building…

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Contractor fails to land novel jurisdictional challenge to adjudication enforcement

6 August 2021

As the primary purpose of the adjudication scheme is to facilitate cashflow in the construction industry you are always going to be facing an uphill battle to persuade a court not to enforce an adjudication award. That is not to…

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Global Updates: China

6 August 2021

With the mid-year mark being reached for 2021 first half results have started to come out of China. along with numerous policy initiatives that are likely to have an effect on business trends in the region, we set out below…

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Doing the Deed: Be there or be square

6 August 2021

As many of us have adapted to working almost exclusively from home, we’ve begun to rely more heavily on online methods of communication: signing documents electronically is commonplace; court hearings now occur virtually. Where the law hasn’t adapted yet, though,…

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What do you do when your Expert is struck out on the First Day of Trial?

3 August 2021

A question that Freudenberg FST GmbH and their lawyers Fladgate LLP were left asking themselves following the Technology & Construction Court’s decision to exclude their expert evidence for egregious breaches of their experts’ duty to the Court. While this is…

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Business Interruption Insurance – Are You Suffering?

17 May 2021

£2.1 Billion of Possible Claims. 370,000 policy holders or more affected. 700 types of policy. Life is difficult enough during the Covid Pandemic without insurers trying to wriggle out of policies that were brought to provide a financial comfort blanket…

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Misrepresentation: The Remedies Available to You

15 February 2021

In Part One of our Article on Misrepresentation, we explained how a misrepresentation is an untrue statement of fact, or law, made by Party A to Party B, which ‘induces’ (is of real and substantial relevance in persuading) Party B…

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Misrepresentation: Do you have a claim?

8 February 2021

There can be a fine line between mere sales puff and a misrepresentation. The former simply being part of the general marketing pitch with the latter allowing for the Court to resolve a contractual relationship gone awry. In our Two-Part…

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Covid-19: Driving a revolution in Court e-services

29 June 2020

When social isolation caused social interaction to cease those of us that act for clients in litigation, naturally assumed that the Court System would grind to a halt. Nothing could be further from the truth which is, when you really…

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