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Commercial Disputes Weekly – Issue 222 October 2019

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BITE SIZE KNOW HOW FROM THE ENGLISH COURTS

Construction
For the first time, the English Technology and Construction Court has considered the exception to the general rule that insolvent parties cannot use adjudication, finding that an adjudication decision in favour of an insolvent party may be enforced where it determines final net position between the parties and satisfactory security is provided.
Meadowside Building Developments Ltd (in liquidation) v 12-18 Hill Street Management Company Ltd

Jurisdiction
Rejecting a “sole object” test, the majority of the Court of Appeal holds that under EU law English court has jurisdiction to hear sustainable claim against English “anchor” defendant, even if only brought to enable claimant to sue foreign defendants in the same proceedings.
JSC Commercial Bank Privatbank v Kolomoisky & Ors

Litigation
English High Court finds that while claimant’s covert recordings of expert examinations were “reprehensible”, they were not unlawful and could be admitted as evidence as being both relevant to allegations concerning the conduct of the examinations and probative.
Mustard v Flower & Ors

FOR MORE INFORMATION

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