Commercial Disputes Weekly – Issue 222 October 2019
Welcome to a new weekly update from the London disputes team at Watson Farley & Williams, with bite size snippets of know how from the English courts.
Welcome to a new weekly update from the London disputes team at Watson Farley & Williams, with bite size snippets of know how from the English courts.
Welcome to a new weekly update from the London disputes team at Watson Farley & Williams, with bite size snippets of know how from the English courts.
A recent case about the construction of a new hotel using modular methods has provided important guidance on how payment arrangements in construction contracts operate in practice.
We welcomed guests to a networking reception at Curtain Members Club followed by a private showing of the Ruth Bader Ginsburg documentary RBG (2018).
This case is the first occasion in which the court has refused to order enforcement in such circumstances.
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.
We discuss the newly clarified scope of the slip rule in the context of adjudication decisions. The briefing looks at the welcomed new scope of the rule and the consequences of using the rule to correct errors.
In a significant decision for the construction industry, the UK Court of Appeal has heralded an end to “smash and grab” adjudications.
When does a dispute concerning the enforcement of an adjudicator’s decision fall within the scope of the arbitration agreement exception at Article 8 of the JCT contract?
How does the recent Court of Appeal judgment in North Midland Building Ltd v Cyden Homes Ltd affect the prevention principle in English law?
Why did Interserve Construction Ltd v Hitachi Zosen Inova AG1 provide stark reminder of the risks associated with an employer’s decision to end a contract early?
What is the importance of employers serving a valid “Pay Less Notice” if they want to dispute a sum certified in a Payment Notice?