Claire King
CommentImpartiality: Sierra Fishing Company and Ors vs Farran and Ors
Before Mr Justice Popplewell. Judgment delivered 30 January 2015
CommentMcLennan Architects Limited vs Jeremy Jones and Helen Roberts: Inspection of electronic devices
This case, before Mr Justice Akenhead in the TCC, provided guidance in situations involving applications for access to specific electronic data and associated metadata
CommentPioneer Cladding vs John Graham Construction: Unpaid adjudication awards
Pioneer, subcontracted for cladding on a project, issued enforcement proceedings against John Graham Construction over unpaid adjudication awards
CommentContempt proceedings : Berry Piling Systems vs Sheer Projects
Was there a sufficiently strong prima facie case of contempt to allow committal proceedings to be brought against BPS鈥檚 directors?
CommentCrystallisation of disputes: Working Environments vs Greencoat Construction
In this case a Judge examined whether it was possible to severe an adjudicator鈥檚 decision to exclude issues that fell outside of a crystallised dispute
CommentNatural justice: Highlands and Islands Airports Ltd vs Shetland Island Council
An adjudicator who sought advice on a legal point but didn鈥檛 declare it found himself under the spotlight for breaching the rules of natural justice
CommentPre-action disclosure: PHD Modular Access Services vs Seele GmbH
Think carefully before seeking pre-action disclosure, as it will only be granted where court proceedings are anticipated
CommentAdvance payment guarantees: Meritz Fire and Marine Insurance vs Jan de Nul NV and Codralux SA
In this case the court looked at whether the advance payment guarantees that were the subject of the claim were performance bonds (otherwise known as demand guarantees) or pure guarantees.
CommentJones vs Kaney: Expert witnesses lose immunity from suit
The Supreme Court abolished the immunity from suit for breach of duty that expert witnesses previously enjoyed in relation to their participation in legal proceedings
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.
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
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.
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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Rok 好色先生TV vs Celtic Composting Systems
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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Mentmore Towers vs Packman Lucas: a court injunction
Do the courts have the power to grant injunctions restraining a party from pursuing an adjudication?
好色先生TVAmec Group vs Thames Water: Adjudication deadlines
This case deals with the question of whether an adjudicator should be expected to deal with additional material at the expense of the time limit
好色先生TVEnterprise vs Tony McFadden: Insolvency
Our Fenwick Elliott expert describes a dispute on a pipe repair and maintenance contract
好色先生TVJPA Design & Build vs Sentosa (UK): Setting off damages
Our Fenwick Elliott expert discusses a dispute over the design and construction of a medical centre
好色先生TVA different dispute?: Barr vs Klin Investment UK
The factsBarr (鈥淏arr鈥�) entered into a construction contract with Klin Investment UK (鈥淜lin鈥�) for the design and construction of a number of flats in Kilmarnock on 21 February 2005 (the 鈥淐ontract鈥�). The contract was a construction contract within the meaning of sections 104 and 105 of the Housing Grants, Construction ...
好色先生TVTaiwan Scot Co vs Masters Golf Company: Penalty or estimate of loss
Our Fenwick Elliott expert analyses a case in which a party failed to decide the intention of a contractual rate of interest for late payment