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Expert evidence - a reminder

Fenwick Elliott Solicitors
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United Kingdom
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May 14 2013

Extreme examples of when things go wrong can often be dismissed on the grounds of, “well it wouldn’t happen to me”. That may well be the reaction of

“Reasonable endeavours” and “suspension of services”

Fenwick Elliott Solicitors
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United Kingdom
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May 14 2013

This was an application for leave to appeal against an arbitration award in relation to a dispute arising out of Morris’ decision to suspend

Net contribution clauses

Fenwick Elliott Solicitors
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United Kingdom
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May 14 2013

In a claim where the main contractor had become insolvent, one question that arose for HHJ Edwards-Stuart QC was whether the architect would be liable

Public procurement: applying the legal test

Fenwick Elliott Solicitors
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United Kingdom
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April 5 2013

Lowry challenged the outcome of a procurement exercise concerning the procurement of contracts as part of a framework consisting of five lots for the

Case update: good faith in long-term contracts

Fenwick Elliott Solicitors
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United Kingdom
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April 5 2013

We first reported on this case in Issue 142. In considering whether or not Compass had been entitled to terminate their long-term facilities contract

Arbitration - NEC3 - compensation events

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

Atkins sought to challenge an arbitrator’s award under section 68 of the Arbitration Act 1996 on the grounds that there was a “serious irregularity”

Can you imply good faith into agreements made under English Law

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

Good faith might be a strange topic to find in contract corner, especially one written by an English lawyer. However, the recent case of Yam Seng Pte

Defining the difference between on-demand bonds and guarantees

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

Bonds, guarantees, performance security or whatever they are called form an important part of every major international contract. Despite this, there

Failure to mediate

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

This was a case where the costs of the successful litigation far exceeded the amounts recovered by the claimant. There was no dispute that the

Adjudication - residential occupiers

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

Lewis resisted the enforcement of an adjudicator’s decision on the grounds that the construction contract was in respect of a house which, at the time

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