Case Updates

24
Jul
2020

To Hull and Back: TCC considers whether adjudication decisions regarding EfW plant contract can be enforced

Authors: Juli Lau and Oliver Slater Engie v MW High Tech Projects[1] is the latest in a long line of cases arising from the construction and/or operation of Energy from Waste (EfW) plants. In this case, O’Farrell J has ruled that adjudicators’ awards cannot be enforced due to an exclusion in the Construction Act  in…

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22
Jul
2020

Stop right there: the new insolvency moratorium and adjudication

Author: Michael Comba The effect of the moratorium provisions of the Corporate Governance and Insolvency Act 2020 and adjudication. Insolvency, not COVID-19, is promising to be adjudication’s hot topic for 2020. Following the landmark judgment in Bresco, the recently passed Corporate Governance and Insolvency Act 2020 (the “Act”) raises yet more questions for when dealing…

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22
Jun
2020

Case Summary: MW High Tech Projects UK Ltd v Balfour Beatty Kilpatrick Ltd [2020] EWHC 1413 (TCC) (05 June 2020)

Read more about: Construction, Construction disputes resolution, including adjudication, Latest news and blog This judgement of Mrs Justice O’Farrell rehearses some important arguments concerning the crystallisation of construction disputes. What is Crystallisation? It is well-established that, before a notice of adjudication can be served, a crystallised dispute or difference must exist between the parties. Jackson J first set…

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15
Jun
2020

Case summary: Drive (Edgware) Ltd v S&T (UK) Ltd [2019] EWHC 3139 (TCC)

The process for issuing notices is a well-known potential source of dispute for parties to a construction contract. More than ever, with most offices operating remotely, contractual notices are necessarily being sent by email. This judgment in the High Court shed light on some of the challenges presented by this method of service, and is…

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2
Jun
2020

An exercise in futility? Think again: Balfour Beatty Civil Engineering Ltd v Astec Projects Ltd (In Liquidation)

2019 saw a number of high-profile contractor insolvencies and two landmark cases exploring the relationship between the adjudication and insolvency regimes (Bresco[1] and Meadowside[2] respectively). For an industry in which cashflow is king, the outbreak of COVID-19 threatens to have especially sizeable implications for construction contractors and could precipitate further insolvencies. It is therefore more…

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28
May
2020

Case summary – Fleixidig Ltd v M&M Contractors (Europe) Limited

This case has provided some useful guidance on the enforcement of an adjudicator’s decision outside of the jurisdiction defined by the contract. The court heard two interlinked disputes brought by the parties to the contract – a ‘jurisdiction application’ and an ‘enforcement application’. Background The respondent employer (M& M Contractors (Europe) Limited) was domiciled in…

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24
Jan
2020

Time after Time: Amey LG Ltd v Aggregate Industries UK Ltd [2019] EWHC 3488 (TCC)

Author: Justin Mendelle and Oliver Slater Amey, the main contractor in relation to refurbishment works of Sheffield’s road network, engaged Aggregate as subcontractor to undertake surfacing, planning and civil engineering works. Post Views: 180

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20
Jan
2020

Everwarm Ltd v BN Rendering Ltd [2019] EWHC 3060 (TCC)

Author: Justin Mendelle and Oliver Slater The Scottish Government launched the Home Energy Efficiency Programme Area Based Scheme in 2014, aiming to increase funding of external wall insulation and consequently reduce fuel poverty in Scotland. Post Views: 118

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18
Nov
2019

‘Rare circumstances’: adjudication and breaches of natural justice – Corebuild Ltd v Cleaver and another [2019] EWHC 2170 (TCC)

Adjudicators have a statutory duty to “act impartially”. But, in contrast to arbitrators, the adjudicator has no such duty to act fairly or to adopt procedures ensuring a fair means of resolving the dispute. Nonetheless, the Court of Appeal decision in AMEC Capital Projects Ltd v Whitefriars City Estates Ltd made it clear that adjudicators…

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13
May
2019

The Court of Appeal considers the application of liquidated damages following termination of an ICT contract in Triple Point Technology v PTT [2019] EWCA Civ 230

The Court of Appeal’s decision in Triple Point Technology v PTT [2019] EWCA Civ 230 has cast some doubt on the decision in last year’s case of GPP Big Field LLP v Solar EPC Solutions SL [2018] EWHC 2866, which had accepted that liquidated damages clauses may continue to accrue beyond contract termination. Post Views:…

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