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 201

Adjudication and payless notices - Caledonian Modular Ltd v Mar City Developments Ltd 2015 EWHC 1855 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • July 1 2015

Caledonian sought the enforcement of an adjudication decision of just over £900k in respect of the non-payment of what was said to be an interim


Guidance in relation to the law of mitigation - Thai Airways International Public Company Ltd v KI Holdings Co Ltd 2015 EWHC 1250 (Comm)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • June 10 2015

The Judge, Legatt J, in assessing damages for breach of contract, had to consider whether credit must be given for any monetary benefit received by a


Amendments to statement of case - CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd Ors 2015 EWHC 1345 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • June 10 2015

Coulson J reviewed the Claimant, CIP Properties' ("CIP"), application for permission to amend its particulars of claim which alleged building defects


Implied terms of cooperation and non-prevention of performance - a party cannot take advantage of its own wrongdoing - AL Waddan Hotel Ltd v Man Enterprise Sal (Offshore) 2014 EWHC 4796 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • June 10 2015

The issue before the court was whether the Contractor ("MAN") was entitled to submit a dispute to arbitration before the expiry of the contractual


Contract formation: acceptance by conduct - Reveille Independent LLC v Anotech International (UK) Ltd - 2015 EWHC 726 (Comm)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 1 2015

The question for HHJ Mackie QC was whether a binding contract had been formed. The key part of the Contract was this: "This Merchandising Deal Memo


Insolvency, arbitration and adjudication - Philpott & Anr (as joint liquidators of WGL Realisations 2010 Ltd) v Lycee Francais Charles de Gaulle School 2015 EWCA 1065 (Ch)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 1 2015

HHJ Purle had to consider an application for directions by liquidators of WGL, a company which was involved in a construction project for the School


International quarterly - issue 13, 2015
  • Fenwick Elliott Solicitors
  • United Kingdom
  • April 14 2015

A party may apply to the English court to remove an arbitrator on the grounds that circumstances exist that give rise to justifiable


Duty to warn - Goldswain & Anr v Beltec Ltd & Anr 2015 EWHC 556 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • April 2 2015

In 2011, the Claimants acquired a leasehold interest in a ground floor flat, which had a cellar which they decided to convert into living


Adjudication: apparent bias and adjudicators - Paice & Anr v MJ Harding (ta MJ Harding Contractors) - 2015 EWHC 661 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • April 2 2015

In Makers UK v Camden, Mr Justice Akenhead said: "It is better for all concerned if parties limit their unilateral contacts with adjudicators both


Adjudication: appointing adjudicators - CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd - 2015 EWHC 667 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • April 2 2015

In this adjudication enforcement case, a number of defences were unsuccessfully raised. One of these was that the appointment was invalid. Mr Justice