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  • Expert witness: a cautionary tale [18 December 2015]

    The recent case of Van Oord UK Limited and SICIM Roadbridge Limited v Allseas UK Limited [2015] EWHC 3074 (TCC) provides helpful guidance in relation to the role of an expert witness and, in particular, it highlights the importance of the legal team’s instructions and supervision of an expert witness and the need for impartiality and independent investigation on the part of the expert.

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    18/12
  • Adjudication - Be sure before you smash and grab [December 2015]

    The recent case of Henia Investments Inc (“Henia”) v Beck Interiors Limited (“Beck”) [2015] EWHC 2433 (TCC) raises “a number of important interpretation issues concerning the payment provisions of the JCT Standard Building Contract without Quantities 2011” and the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “1996 Act”).

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    10/12
  • Adjudication - you think it’s all over…[December 2015]

    The recent case of Aspect Contracts (Asbestos) Limited (“Aspect”) v Higgins Construction Plc (“Higgins”) [2015] UKSC 38 “raises difficult and important issues about the effect of adjudication pursuant to provisions implied into a construction contract” under the Housing Grants, Construction and Regeneration Act 1996 (the “1996 Act”) and the Scheme for Construction Contracts (England and Wales) Regulations 1998 (the “Scheme”).

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    07/12
  • Recovering Costs in Adjudication – A shift in the law? [December 2015]

    Late Payment of Commercial Debts (Interest) Act 1998 The right to statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 (the “Late Payment Act”) applies to contracts which fail to provide a substantial, contractual remedy for the late payment of debts.

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    07/12
  • A Common Sense Conclusion! [January 2012]

    The Supreme Court has finally ruled in the case of Rainy Sky v Kookmin Bank [2011] UKSC 50, finding in favour of the buyers, Rainy Sky.

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    07/12
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