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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


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


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


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


Contract: variations-in-writing - Glebe Motors Inc & Others v TRW Lucas Variety Electric Steering Ltd & Others 2016 EWCA Civ 396
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 31 2016

This was a dispute arising out of a car component purchase agreement. Article 6.3 provided that: "Entire Agreement; Amendment: This Agreement, which


Practical completion: pre-certification inspections - Apcoa Parking (UK) Ltd v Crosslands Properties Ltd 2016 EWHC 792 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 31 2016

Following the failure of waterproof coating on the top deck of a car park, the owner of the car park, Crosslands, sought to recover the repair costs


Case update: contract formation - Reveille Independent LCC v Anotech International (UK) Ltd 2016 EWCA Civ 443
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 31 2016

We first reported on this case in Issue 179. The issue for HHJ Mackie QC at first instance had been whether or not a binding contract had been formed


The Jackson Reforms to the litigation process: three years on
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 17 2016

One of the key elements of the Jackson Reforms was the effective management of litigation costs through the introduction of costs budgeting. The


Adjudication: natural justice - Stellite Construction Ltd v Vascroft Contractors Ltd 2016 EWHC 792 (TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 3 2016

Stellite engaged Vascroft to carry out shell and core works at a substantial house in Hampstead. The contract was based on the JCT SBC Without