After a short break Commercial Disputes Weekly is back with decisions on demurrage, bribery, dispute resolution procedures and the importance of compliance with adjudication notice requirements.
In Commercial Disputes Weekly we consider a crucial decision holding the UK Government to account for failing to comply with its obligations to achieve net zero. We also look at the ever controversial issue of liquidated damages, a stealth jurisdiction argument and an unsuccessful challenge to the Court of Appeal’s approach to allowing grounds of appeal.
A few firsts this week with the successful recovery by a building owner of the costs of replacing cladding post Grenfell and the first decision under the coronavirus rent arbitration scheme. Commercial Disputes Weekly also discusses a key decision in the ongoing quest for recompense by the victims of the Fundao Dam disaster and a Court of Appeal decision in relation to apparent bias.
We look at interpretation in various contexts in this Commercial Disputes Weekly; of statutes by the Supreme Court, non-compete covenants before the Court of Appeal and the High Court has dealt with contractual arbitration appointment provisions and obligations to retender.
Commercial Disputes Weekly Issue 116 looks at when a contractor is covered against liability claims by being coinsured under the project insurance policy. It also considers the repercussions of breaching the embargo on draft judgments.
The cases in this week’s Commercial Disputes Weekly look at the Court’s approach to all types of behaviour including serious error, dishonesty and fraud.
A surprising conclusion? The impact of the Notice of Completion of Making Good in the due date of final accounts when no defects have been notified under JCT contracts18 October 2021
The decision in CC Construction Ltd v Mincione is also a warning for adjudicators on the importance of considering carefully all defences raised by the parties.
Gateway 1 and Fire Statements are intended to integrate thinking on fire safety as part of the planning application process, but will Gateway 1 help implement Hackitt’s recommendations or become a paper exercise?
The long-awaited UK government white paper “The Williams-Shapps Plan for Rail” has been published. It contains 62 commitments and in this article we explore some of the key points for the UK rail sector.
Adjudication ‘scope creep’ inevitable: excluding defences will breach natural justice28 January 2021
This article examines the recent TCC decision in which the court confirmed that it will not hesitate to find an adjudicator’s decision unenforceable where there was a clear breach of natural justice.