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Would I lie to you?

RPC
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United Kingdom
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October 7 2009

The court held that, where a contractor had misled the client in order to secure the contract, that amounted to fraudulent misrepresentation, rendering the contract voidable

The importance of full compliance with Pre-Action Protocols

RPC
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United Kingdom
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October 7 2009

The TCC has made it clear that any parties failing to comply with the spirit as well as the letter of the Pre-Action Protocols will face serious costs consequences when and if the dispute reaches court

How long do I have to challenge an award?

RPC
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United Kingdom
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October 7 2009

In Jim Ennis Construction Limited v Premier Asphalt Limited 2009 EWHC 1906 (TCC), the TCC had to decide, for the first time, the issue of the nature and date of accrual of the cause of action where a losing party to an adjudication brought under Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA) subsequently commences court proceedings to seek a final determination of the matters decided by the adjudicator, with a view to recovering monies paid to the winning party in compliance with the adjudicator’s decision

When does the right to set-off exist?

RPC
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United Kingdom
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October 7 2009

In Workspace Management Ltd v YJL London Ltd 2009 EWHC 2017 (TCC), the court had to decide whether a contractor was entitled to set off an adjudicator’s decision in its favour against sums it was obliged to pay the employer under an arbitrator’s award relating to the same contract

Adjudication: nomination of adjudicator

RPC
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United Kingdom
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June 30 2009

The TCC decision in Bovis Lend Lease Ltd v Cofely Engineering Services 2009 EWHC 1120 provides a reminder that, where the contract stipulates how an adjudicator is to be nominated, strict compliance is required

JCT 2009 revisions

RPC
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United Kingdom
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June 30 2009

On 18 May 2009, the JCT published the first in a series of revisions to its 2005 standard form building contracts and associated documents

Causation: reasonableness of settlement

RPC
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United Kingdom
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June 30 2009

The recent TCC decision in Siemens Building Technologies FE Limited (Part 20 Claimant) v Supershield Limited (Part 20 Defendant) 2009 EWHC 927 provides a good example of the difficulties that can arise where a claim involving numerous parties in a contractual chain is settled

Adjudication: natural justice

RPC
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United Kingdom
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June 30 2009

Withholding notices continue to cause problems

Adjudication: enforcement

RPC
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United Kingdom
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June 30 2009

What happens when a court is asked to enforce two different decisions reached in separate adjudications that decided different things but which might or do impact on each other?

Ordering costs in the small claimsfast track

RPC
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United Kingdom
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April 12 2010

Two recent cases argued consecutively in the Court of Appeal address the issue of when it is appropriate for a costs judge to order that costs be assessed on the small claimsfast track basis

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