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Top 5 construction cases 2012
  • Norton Rose Fulbright Australia
  • Australia
  • December 20 2012

There were many noteworthy cases handed down in 2012, however we focused on those which have the most interest and practical relevance to our clients

Frustration, breach of contract and repudiation
  • Norton Rose Fulbright LLP
  • United Kingdom
  • May 25 2010

In the following case, which was bought before the courts by way of a summary application for judgement, the court had to consider whether the contract between the parties was frustrated so that performance become impossible or whether in fact one or other of the parties had wrongfully repudiated the contract

Construction of contracts: priority of documents
  • Norton Rose Fulbright LLP
  • United Kingdom
  • February 22 2010

In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail

Tendering procedure and architects’ duties
  • Norton Rose Fulbright LLP
  • United Kingdom
  • June 1 2007

The judge, in the following Northern Irish case, described the central point in dispute as “an interesting and unusual point” - it concerned the obligations (if any) undertaken by an employer prior to awarding a contract following a tendering process

JCT contract: the effect of a settlement agreement on the final account provisions
  • Norton Rose Fulbright LLP
  • United Kingdom
  • January 27 2010

The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties

Mergers and acquisitions: the “failing firm” defence - recent merger decisions by the European Commission and UK competition authorities indicate a more sympathetic approach to acquisitions of companies in financial difficulty
  • Norton Rose Fulbright LLP
  • United Kingdom, European Union
  • January 20 2014

The "failing firm" defence applies in the context of competition authorities scrutinizing mergers and acquisitions - that is, merger control - where

So what is accidental loss under an ISR policy?
  • Norton Rose Fulbright LLP
  • Australia
  • October 31 2009

The Supreme Court of the ACT recently considered the operation and interpretation of a perils exclusion and accidental damage clause in an Industrial Special Risks (ISR) insurance policy (policy) issued by Suncorp Metway Insurance Ltd (Suncorp

Competition litigation should the “passing-on” defence be recognised?
  • Norton Rose Fulbright LLP
  • France, United Kingdom
  • July 16 2012

France and the UK try to grapple with a key issue when cartel victims sue for damages

Rights of minority lenders under APLMA & LMA documents
  • Norton Rose Fulbright LLP
  • Hong Kong
  • August 4 2015

A recent Hong Kong case ruled that minority lenders are not entitled to take independent enforcement action (including winding-up proceedings) under

The law applicable to arbitration agreements
  • Norton Rose Fulbright Australia
  • Brazil
  • December 17 2012

In the same way parties choose a law to apply to their contract and a procedural law to apply to any future arbitration, parties to international contracts should expressly choose a law to govern an arbitration agreement contained in a contract