This article considers Thailand’s draft bill to introduce adjudication proceedings for construction payment disputes, along with key points for both contractors and employers to consider.
A quartet of interpretation cases this week: Commercial Disputes Weekly covers decisions by the Court of Appeal on rent cesser clauses during the pandemic and the requirements for rent repayment orders, and the Commercial Court looks at a commodities sale and purchase agreement and decisions of an arbitral tribunal and judge.
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.
To mark its first birthday, the UK Infrastructure Bank has released its Strategic Plan, with clean energy earmarked as the largest sector for investment.
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.
In Commercial Disputes Weekly we look at the first decision on what is a “construction contract” since adjudication was introduced in 1998, in which Watson Farley & Williams acted for the successful appellant before the Court of Appeal.
In this article, we highlight the potential pitfalls for businesses in sustainability reporting and the need to ensure accurate and transparent reports, as and when a business is ready to share its sustainability journey with a wider audience.
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.
The spate of adjudication decisions continues with two more cases dealing with enforcement and the binding nature of such decisions. We also discuss a Court of Appeal decision on the applicable law and jurisdiction in a tower of insurance policies and a question of procedural law in arbitration.
Join us for the latest in our ‘On Site’ Construction series, where we will focus on the challenges and opportunities for construction in the net zero transition and how businesses can make sustainability a competitive differentiator.
In Commercial Disputes Weekly we look at two landlord and tenant cases (on notices and the surrender of a sub-lease), a decision on security for costs against a trustee in bankruptcy and statutory interpretation where the provision was enacted following an EU directive.
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.