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Commercial Disputes Weekly – Issue 14510 January 2023

We start 2023 with decisions on refund guarantees in a shipbuilding dispute, a no assignment clause in an insurance context, damages for forged warehouse receipts, the enforceability of an adjudicator’s alternative finding and two start-up founders being found liable for fraudulent misrepresentation.

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Adjudication benefits extended by Court of Appeal in important decision21 June 2022

In an important decision, the UK Court of Appeal has today overturned a High Court judgment that restricted the use of a quicker and cheaper means of resolving construction disputes.

The decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP, in which WFW’s construction team acted for Abbey, the successful appellant, will have significant implications for the construction and real estate industries as it confirms the benefits of adjudication as being more widely available.

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Court confirms two-tier system for collateral warranties30 July 2021

This article examines the decision Toppan Holdings Limited and another v Simply Construct (UK) LLP where the UK’s TCC has provided guidance on whether collateral warranties given on construction projects are “construction contracts” and whether an adjudication can be brought under collateral warranties.

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