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Mediation - costs

Fenwick Elliott Solicitors
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United Kingdom
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September 7 2009

You may remember the publicity given to the decision of Mr Justice Akenhead in this case when he found that the Council’s control and management of steel work sites had been deficient leading to birth defects in local children

Arbitration - excluding the right of appeal

Fenwick Elliott Solicitors
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United Kingdom
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September 7 2009

Centurion argued that the parties had agreed to exclude the jurisdiction of the court under section 69 of the 1996 Arbitration Act to consider appeals from an arbitration award

More than one dispute in an adjudication: David and Teresa Bothma (ta DAB Builders) vs Mayhaven Healthcare Ltd

Fenwick Elliott Solicitors
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United Kingdom
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April 18 2008

This is a Court of Appeal decision

Adjudication - successive adjudications and withholding notices

Fenwick Elliott Solicitors
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United Kingdom
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October 1 2009

The Smiths engaged Hart to convert three barns into four houses under a JCT Standard Building Contract 2005 without Quantities

Earl of Malmesbury & others v Strutt & Parker

Fenwick Elliott Solicitors
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United Kingdom
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May 6 2008

In the main claim, the Judge had held that S&P were liable

The Dorchester Hotel vs Vivid Interiors: court intervention

Fenwick Elliott Solicitors
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United Kingdom
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January 30 2009

The claimant, the Dorchester Hotel, engaged the defendant, Vivid Interiors, under the JCT98 Standard Form of Building contract to carry out the refurbishment of its hotel

Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & anr

Fenwick Elliott Solicitors
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United Kingdom
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April 2 2008

It is well known that, where a claiming party is a limited company, under section 726(1) of the 1985 Companies Act, if it appears by credible testimony that there is a reasonable belief that the company will be unable to pay the defending party's costs if its claim fails, then it may be required to provide security for the defending party's costs

Braes of Doune Wind Farm (Scotland) Ltd v Alfred McAlpine Business Services Ltd

Fenwick Elliott Solicitors
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United Kingdom
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April 2 2008

The parties entered into an EPC contract in connection with the provision of 36 wind turbine generators in Stirling

Court refuses to enforce adjudication: Rhode vs Markham-David

Fenwick Elliott Solicitors
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United Kingdom
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March 28 2008

Judge Thornton heard an application for summary judgment in respect of the enforcement of an adjudicator’s decision, and gave permission to defend

Humes Building Contractors Limited v Charlotte Homes (Surrey) Limited

Fenwick Elliott Solicitors
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United Kingdom
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March 20 2008

Humes Building Contractors Limited sought to enforce by way of summary judgment an adjudicator’s decision for £158,486.26 plus VAT

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