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Dispatch Issue 195 September 2016
  • Fenwick Elliott Solicitors
  • United Kingdom
  • September 6 2016

This was an appeal from the Supreme Court of Mauritius. MSC was the employer and CCE the contractor on a project for the design and construction of a


Scott and Others v E.A.R. Shepherd Consulting Civil and Structural Engineers - 2016 EWCA Civ 553
  • Fenwick Elliott Solicitors
  • United Kingdom
  • August 3 2016

In this case, the Claimants sought damages from a firm of structural engineers who had prepared a report upon which the Claimants said they relied


Glenluce Fishing Company Ltd v Watermota Ltd - 2016 EWHC 1087 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • August 3 2016

Here, having made a claim for losses following problems with an engine installed by Watermota in one of their fishing vessels, Glenluce sought


ZVI Construction v The University of Notre Dame - 2016 EWHC 1924 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • August 3 2016

In this case, one of the issues between the parties was whether or not ZVI had submitted to the jurisdiction of an expert to make a determination


The New Insurance Act
  • Fenwick Elliott Solicitors
  • United Kingdom
  • July 29 2016

On 12 August 2016 the Insurance Act 2015 (the “Insurance Act”) will come into force bringing with it a new default regime for business insurance in


Costs: conduct, refusal to engage in settlement talks - Kupeli & Others v Kibris Turk Hava Yollari and Anr - 2016 EWHC 1478 (QB)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • July 5 2016

There were two issues before Mrs Justice Whipple: who was the successful party and should the successful party's costs be discounted or reduced in


International Quarterly - Issue 18, 2016
  • Fenwick Elliott Solicitors
  • Global, Hong Kong, Singapore, United Arab Emirates, United Kingdom
  • July 5 2016

Sub-clause 20.6 of the FIDIC Red Book is a good example of the express incorporation of an arbitration clause. The clause sits clearly within the


Contract: variations-in-writing: part 2 - MWB Business Exchange Centres Ltd v Rock Advertising Ltd - 2016 EWCA Civ 553
  • Fenwick Elliott Solicitors
  • United Kingdom
  • July 5 2016

In June's Issue No. 192 of Dispatch we discussed the case of Globe Motors v TRW Lucas. Like London buses, you wait 15 years for a case on anti-oral


Adjudication: residential occupier & contract formation - Goldsworthy & Others v Harrison & Anr - 2016 EWHC 1589 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • July 5 2016

This was an application to enforce an adjudication decision that the defendant homeowners, Harrison, pay the claimant builders £72k. Harrison was a


Contract practice points over the past nine months
  • Fenwick Elliott Solicitors
  • United Kingdom
  • June 23 2016

The key to resolving most disputes often lies in establishing what the contract between the parties means. As a result there is a steady stream of