This article was originally written and published on the internet by Royal Courts of Justice on 02/11/17. This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a […]
Neutral Citation Number: [2024] EWHC 269 (TCC) Case No: HT-2023-000073, Case No: HT-2023-000190 IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES TECHNOLOGY AND CONSTRUCTION COURT (KB) Rolls Building, London, EC4A 1NL Date: 12 February 2024 Before : His Honour Judge Stephen Davies sitting as a High Court Judge – […]
Neutral Citation Number: [2024] EWHC 591 (TCC) Case No: HT-2023-000393Case No: HT-2023-000416 IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESTECHNOLOGY AND CONSTRUCTION COURT (KBD) Royal Courts of JusticeRolls Building, London, EC4A 1NL 15/03/2024 B e f o r e : Mr Alexander Nissen KC____________________Between: BATTERSEA PROJECT PHASE 2DEVELOPMENT COMPANY LIMITED […]
OUTER HOUSE, COURT OF SESSION[2024] CSOH 5CA54/23OPINION OF LORD RICHARDSONin the causeUK GRID SOLUTIONS LIMITED and AMEY POWER SERVICES LIMITEDPursuersagainstSCOTTISH HYDRO ELECTRIC TRANSMISSION PLCDefenderPursuers: MacColl KC, Brodies LLPDefender: Borland KC, MacRoberts LLP24 January 2024Introduction[1] In July 2018, the pursuers formed a joint venture consortium called GE Amey JV.[2] In October 2018, the pursuers entered into […]
Sudlows brought a part 7 claim against its employer, Global, to enforce a decision of the adjudicator, Mr Molloy. He had ordered Global to pay Sudlows a total of £996,898.24 plus VAT in what was the 6th adjudication between these parties. Global resisted and brought part 8 proceedings for: (a) a declaration that Mr Molloy […]
The claimant MCL had appointed RYC to carry out extensive works to property in South Mimms pursuant to an amended JCT SBC 2016 Contract. In November 2021, the Contract Administrator (CA) issued a notice of default to RYC by email. In December the CA issued a letter purporting to terminate RYC’s employment for failure to […]
ADJUDICATION AND LIMITATION: IMPLIED TERM AND RESTITUTION Introduction Limitation is not an issue that arises frequently in relation to adjudication. Adjudication is thought to have been intended primarily as a means of obtaining a swift interim decision in respect of disputes as they arise while projects are in the process of construction; limitation does not […]
Disputes concerning default payment applications are one of, if not the most, common type of dispute that is referred to in adjudication. When the notice of adjudication is given, seeking payment of a ‘notified sum’ (a so-called ‘smash and grab’ (S&G) claim), it is not uncommon for it to include a request asking the adjudicator […]
IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESTECHNOLOGY AND CONSTRUCTION COURT (KBD) Royal Courts of Justice, Rolls BuildingFetter Lane, London, EC4A 1NL 27 October 2023 B e f o r e : HIS HONOUR JUDGE KEYSER KCsitting as a Judge of the High Court____________________Between: CRYSTAL ELECTRONICS LIMITED Claimant – and […]
N THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESKING’S BENCH DIVISIONTECHNOLOGY AND CONSTRUCTION COURTRoyal Courts of Justice, Rolls BuildingFetter Lane, London, EC4A 1NLDate: 02.08.2023Before:Adrian Williamson KCSitting as a Judge of the High Court Between:ISG RETAIL LIMITED Claimant SEAN BRANNIGAN KC and SIMON HALE (instructed by Mantle Law) for the ClaimantALEXANDER HICKEY […]
How to enforce an Adjudicator’s decision where the claiming Contractor or Sub-contractor has a CVA – beware of the cross claim In order to enforce the Adjudicator’s decision in the TCC it is necessary to confront a concern that where the claiming contractor or sub-contractor has a CVA the sum ordered to be paid by […]
OUTER HOUSE, COURT OF SESSION[2023] CSOH 14CA98/22 & CA101/22OPINION OF LORD SANDISONIn the causeATALIAN SERVEST AMK LIMITEDPursueragainstB W (ELECTRICAL CONTRACTORS) LIMITEDDefenderandB W (ELECTRICAL CONTRACTORS) LIMITEDPursueragainstATALIAN SERVEST AMK LIMITEDDefenderAtalian Servest AMK Limited: MacColl KC; Brodies LLPB W (Electrical Contractors) Limited: Moynihan KC, Broome; MacRoberts LLP16 February 2023Introduction[1] In 2020 Atalian Servest AMK Limited (“AMK”) was carrying […]