All Case of the week articles 鈥� Page 7
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On demand performance bonds: Simon Carves vs Ensus UK
This case concerned an 鈥渙n demand鈥� performance bond, and raises issues rarely addressed as to the extent to which a beneficiary may be prevented from seeking payment under a demand bond by the terms of the contract in respect of which the bond is provided.
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CommentAccidental guarentees: Golden Ocean Group Limited vs (1) Salgaocar Mining Industries PVT (2) Mr Anil V. Salgaocar
This case shows that parties conducting commercial negotiations by email should be wary of entering into guarantees without meaning to.
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CommentSpeculative defence: Durham County Council vs Jeremy Kendall (t/a HLB Architects)
This is an example of a speculative defence following a design fault
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CommentThe value of architectural services: Michael Phillips Architects vs Mr and Mrs Riklin
This case demonstrates just what might go wrong if a consultant鈥檚 appointment is not established at the outset of the project 鈥� and how things can spin rapidly out of control
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CommentRolf v De Guerin
This illustrates the value of mediation 鈥� especially in small cases, where the costs of resolving the dispute can be disproportionate to the amounts at stake
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Immingham Storage Company Limited v Clear Plc
This case highlights the point at which a contract becomes binding, and the importance of stating that negotiations are 鈥檚ubject to contract鈥�
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Supply and purchase agreements: McCain Foods GB vs Eco-Tec (Europe)
This case highlights te importance of setting out exact terms when drafting exclusion causes
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CommentDuty of care in tort: James Andrew Robinson vs P.E. Jones
The case examines the extent to which building contractors owe duties of care in tort to their clients alongside their contractual duties.
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Arbitration: Martin Dawes vs Treasure and Son
This case raised issues about the point or stage at which an arbitrator鈥檚 mandate expires or ceases to have jurisdiction and the extent, ambit or scope of a settlement of an arbitration.
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Public Procurement: Mears vs Leeds city council
This case illustrates the full meaning of the term, 鈥渢he date when grounds for the bringing of the proceedings first arose鈥�, and serves as a warning to parties within a public tendering process who wish to bring infringmement proceedings.
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CommentChecking the subcontract: Walter Llewellyn & Sons vs Excel Brickwork
This case began with allegations of damage to timber-frame buildings but became a fight about whether the subcontract provided for arbitration
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CommentBe explicit: All Metal Roofing vs Kamm Properties
This case shows the importance of stating the exact whens, wheres and whys of any contract 鈥� in writing
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CommentAdjudication, the slip rule: Redwing Construction vs Charles Wishart
This case shows the slip rule in action: that decisions cannot be ruled a nullity on the basis of a technicality. In this instance, should a contract feee be increased if the works require an extension of time?
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好色先生TVThe Party Wall Act: Kaye vs Lawrence
After this case an adjoining owner can request project insurance even if the work is being carried out on the building owner鈥檚 land
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Comment
Nickleby FM vs Somerfield Stores
This case reveals the dangers of not having a construction contract in writing
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CommentPre-action disclosure in arbitration: Travelers Insurance vs Countrywide Surveyors
This case hinged on whether the court could order documents to be disclosed when the parties were subject to an arbitration agreement
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CommentClaiming liquidated damages: Azimut-Benetti vs Darrell Marcus Healey
This row about a 鈧�38m yacht has some interesting lessons for parties entering into construction contracts too鈥�
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FeaturesChalbury McCouat vs PG Foils: failure to choose location for arbitration
These parties agreed the dispute resolution mechanism but failed to say in which country the arbitral tribunal should be held
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CommentRGB vs SGL: NEC3 contract in dispute
This type of contract rarely ends up in court, so this case is useful guidance for parties and adjudicators
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CommentJivraj vs Hashwani: A case of discrimination on religious grounds
This arbitration was declared void because a clause in the agreement restricted who could be employed as the arbitrator