On-Site Review: 2022 in Perspective30 November 2022
In this edition of the On-Site Review we have gathered in one newsletter a selection of the most thought-provoking articles written by members of our team in 2022.
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Assignment and Novation: Spot the Difference12 November 2020
This article examines a recent decision by the English Technology & Construction Court in which the principles of assignment and novation, and the distinction between them, were emphasised.
Taking timesheets seriously12 October 2020
This article examines the decision in Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd arising out of the dispute-laden development of an energy-from-waste plant in Hull.
Court of Appeal upholds exception to “pay now, argue later” principle in adjudication enforcement15 April 2020
This briefing examines the English Court of Appeal’s decision in PBS Energo AS v Bester Generacion UK Limited, an important judgment on the approach to enforcement of adjudication awards.
WFW secures second success for Bester in TCC ruling7 February 2020
This latest victory follows on from WFW’s success in PBS Energo AS v Bester Generacion UK Ltd last year.
WFW named ‘Construction and Engineering Litigation Team of the Year’ at Legal Week Awards7 November 2019
WFW was recognised for obtaining a landmark High Court ruling on the enforcement of adjudication decisions in cases of fraud in construction projects on behalf of Bester Generacion in the case of PBS Energo A.S. v Bester Generacion UK Limited
WFW achieves landmark High Court ruling on enforcement of adjudication decisions in cases of fraud in construction projects23 April 2019
This case is the first occasion in which the court has refused to order enforcement in such circumstances.
Landmark decision on resisting enforcement of adjudication decision on grounds of fraud17 April 2019
In a very significant decision handed down today, the English High Court has refused to enforce an adjudication decision on the basis that there was a properly arguable defence that the decision had been obtained by fraud. The case, in which WFW acted for the successful party, appears to be the first occasion on which the court has refused to order enforcement in such circumstances.
Preventing operation of the prevention principle?6 August 2018
How does the recent Court of Appeal judgment in North Midland Building Ltd v Cyden Homes Ltd affect the prevention principle in English law?