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Results: 1-10 of 197

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


Adjudication: “risk of manifest injustice” - Galliford Try Building Ltd v Estura Ltd 2015 EWHC 412(TCC)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • April 2 2015

Here, there was no defence to the application for summary judgment in the sum of £3.9 million; no payment or pay less notices had been served (see


Contract formation: battle of the forms
  • Fenwick Elliott Solicitors
  • United Kingdom
  • March 3 2015

The parties disagreed over the terms of the contract between them. T&R said that its terms and conditions applied because they were printed on the


Public procurement: Pressetext and material change
  • Fenwick Elliott Solicitors
  • United Kingdom
  • March 3 2015

Following the Pressetext case, in public procurement procedures, where there is a variation to the contract which is “materially different in


Mediation: is it ever reasonable to decline a request to mediate?
  • Fenwick Elliott Solicitors
  • United Kingdom
  • February 19 2015

In light of recent court cases many might agree that the answer to this question is "no". That said, Sir Alan Ward in the case of Wright v Michael