We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 221

Can a duty of care arise between friends?
  • Fenwick Elliott Solicitors
  • United Kingdom
  • February 1 2016

This was a trial of preliminary issues relating to the question of whether a professional consultant owed a duty of care in tort when performing


Adjudication: same dispute
  • Fenwick Elliott Solicitors
  • United Kingdom
  • February 1 2016

This was an appeal against summary judgment enforcing an adjudicator’s decision. Mr and Mrs Brown (the “Employer”) argued that an adjudicator had no


Adjudication: contract formation - RMP Construction Services Ltd v Chalcroft Ltd 2015 EWHC 3737 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • January 7 2016

This was an adjudication enforcement case where it was agreed that RMP had worked pursuant to a construction contract, but there was disagreement


Failure to mediate: a reminder Reid v Buckinghamshire Healthcare NHS Trust Ltd 2015 EWHC B21 Costs
  • Fenwick Elliott Solicitors
  • United Kingdom
  • January 7 2016

Rejecting a reasonable offer to mediate can have consequences if you end up losing your case too. Here Master Hare noted that: "If the party


The legal test for implying terms into a contract - Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anr 2015 UKSC 72
  • Fenwick Elliott Solicitors
  • United Kingdom
  • January 7 2016

This case here related to a claim by a tenant who argued that a term should be implied into a lease to the effect that certain advance payments


International Quarterly - Issue 16, 2015
  • Fenwick Elliott Solicitors
  • Iraq, Syria, United Arab Emirates, United Kingdom
  • December 14 2015

In our last edition of IQ, Simon Tolson wrote about when you can terminate a contract for a failure to proceed regularly and diligently. But if your


Housing Grants Act: payment provisions - Severfield (UK) Ltd v Duro Felguera UK Ltd 2015 EWHC 3352 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • December 1 2015

This was a claim for summary judgment which, although it was not an adjudication enforcement case, included discussion of the payment principles under


Unforeseen ground conditions and notices - Van Oord UK Ltd & Anr v Allseas UK Ltd 2015 EWHC 3074 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • December 1 2015

In this case, the Claimants (a JV known as "OSR") made a number of disruption and prolongation claims against AUK arising out of the onshore laying


International quarterly - issue 15, 2015
  • Fenwick Elliott Solicitors
  • Ghana, United Arab Emirates, United Kingdom
  • November 9 2015

Countless building contracts require the contractor to carry out and complete the works by the completion date and also to proceed with the works


Adjudication: paying the adjudicator’s fees - Science and Technology Facilities Council v MW High Tech Projects UK Ltd - 2015 EWHC 2889 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • October 30 2015

If you have reserved your position as to jurisdiction, does the fact that you have paid the adjudicator's fees mean that you are treating the