All Case of the week articles
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CommentCase in focus:聽Payless notices
An effective payless notice must include an explanation of the grounds for withholding, a headline figure and a calculation showing how that figure has been produced
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CommentCase in focus:聽Adjudication relief
Having abandoned the first adjudication, was the referring party acting unreasonably and oppressively in seeking to bring similar claims in a second adjudication?
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CommentCase in focus:聽Relief from sanctions
Should a claimant be entitled to default judgment on a claim that was dependent upon the outcome of separate proceedings?
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CommentCase in focus:聽Service of documents
A recent case illustrates a practical approach to the challenge of effecting good service upon a peripatetic respondent
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CommentCase in focus:聽Compensation events
Had a PFI project company given proper notice of a claim for compensation? Ted Lowery considers a High Court case in Northern Ireland
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Comment
Case in focus:聽Procedural fairness
Had interventions by the judge during the evidence made a fair trial impossible? Ted Lowery considers a recent Court of Appeal case
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CommentCase in focus:聽Part 8 application
In what circumstances can a Part 8 application be used to oppose enforcement of an adjudicator鈥檚 decision?
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CommentCase in focus:聽Rectification of a contract
Could a contract that included an incomplete tender stage document be rectified?
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CommentCase in focus:聽Issuing payment notices
Was a contractor鈥檚 interim payment notice valid and, if so, had the employer issued an effective payless notice?
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CommentCase in focus: Non-delegable duty
Did a contractor owe a non-delegable duty in respect of the actions of its independent subcontractor?
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CommentCase in focus: Final Account application
Where an adjudicator applies ISG vs Seevic to order payment of a final account application, can the valuation be challenged in a subsequent adjudication?
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CommentCase in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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CommentCase in focus: Expert shopping
To what extent should a party be required to disclose additional documents as a condition of being permitted to replace an expert witness?
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CommentCase in focus: Adjudication Enforcement
In the first in an occasional series focusing on individual cases, we report on a classic case of contractual uncertainty
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CommentOral agreements: Rob Purton t/a Richwood Interiors vs Kilker Projects Limited
Before Mr Justice Stuart-Smith. Judgement delivered 16 September 2015
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CommentPayment and insolvency: Wilson and Sharp Investments Ltd vs Harbour View Developments Ltd
Before Lady Justice Gloster, Sir Colin Rimer, and Lord Justice McCombe. Judgement delivered 13 October 2015
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CommentAdjudication enforcement: Wycombe Demolition Ltd vs Topevent Ltd
Before Mr Justice Coulson. Judgement delivered 31 July 2015
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CommentExpert evidence: British Airways plc vs Paul Spencer and 11 others(present trustees of the Airways Pension Scheme)
Before Mr Justice Warren. Judgment delivered 21 August 2015
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CommentCosts Budgets: GSK Project Management Limited (in liquidation) vs QPR Holdings Limited
Before Mr Justice Stuart-Smith. Judgement delivered 24 July 2015
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CommentInterim payment applications: Henia Investments Inc vs Beck Interiors Ltd
Before Mr Justice Akenhead. Judgment delivered 14 August 2015