In this blog post, Katherine Butler looks at three recent decisions where the TCC has declined to give the remedies and/or declarations sought following adjudication awards being made. Whilst the three cases address different matters, the judgments all focus on the fairness of the outcome and offer reminders to parties that fairness and the overall merits of any particular claim or application are key considerations for the English Courts, balanced against strict legal entitlements.
Our collective thoughts
Posted May 15, 2024 | Published in Contracts & documentation
Posted January 17, 2024 | Published in Contracts & documentation
In this blog post, Claire King looks at the key issues parties must consider when issuing a Notice of Dissatisfaction, which must be issued within the requisite time frame of four weeks if a party wishes to avoid being bound by an adjudicator’s decision.
Posted December 4, 2023 | Published in Dispute resolution
The reinforced autoclaved aerated concrete (“RAAC”) crisis was brought into focus in August 2023, when the UK government announced that over 100 schools would not be able to re-open due to compromised structural safety. In this blog post, George Boddy explores whether the current issues with RAAC may give rise to an increase in claims against those involved in the construction and refurbishment of buildings containing the material.
Posted September 13, 2023 | Published in Dispute resolution
So, how does the UK plan to remain a world leader in international arbitration? By doing very little
Adele Parsons provides an update on the reforms to the Arbitration Act 1996. These limited reforms focus on maintaining the effectiveness and efficiency of the arbitral process.
Posted August 25, 2023 | Published in Dispute resolution
The recent Court of Appeal case of Sudlows Limited v Global Switch Estates 1 Limited provides an excellent example of why serial adjudications should be approached with caution. The Court’s decision provides an extremely helpful summary of the key principles to be deployed by adjudicators (and party representatives) in working out if the dispute referred has already been determined.
Posted July 25, 2023 | Published in Dispute resolution
The Court of Appeal’s recent judgment in URS Corporation v BDW Trading Ltd provides useful guidance on key sections of the Building Safety Act 2022 and the Defective Premises Act 1972, relating to fire safety claims.
Posted June 19, 2023 | Published in Contracts & documentation
The Court of Appeal’s recent judgment in FM Conway Ltd v The Rugby Football Union and ors provides a comprehensive assessment of key issues affecting insurance options for construction projects. Senior Associate Andrew Jeffcoat reports on the decision.
Jeremy Glover
Ted Lowery
Nicholas Gould
Jon Miller
Andrew Davies
Claire King
Lucinda Robinson
Martin Ewen
Sana Mahmud
Adele Parsons
George Boddy
Mark Pantry
Ben Smith
Laura Bowler
Katherine Butler
Andrew Jeffcoat
Ruth Leake
Matthew Simson