Searching Content indexed under Trials & Appeals & Compensation by Jeremy Glover ordered by Published Date Descending.
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Adjudication & Fraud: PBS Energo AS v Bester Generacion UK Ltd
PBS sought the summary enforcement of an adjudication decision in the sum of £1.8 million. Bester resisted on the basis that the decision had been procured by fraud.
7 May 2019
Arbitration In The UAE
The Federal Arbitration Act ("FAA") came into effect in the UAE on 16 June 2018.
3 Dec 2018
Mr Justice Coulson and the Smash and Grab Adjudication
The case of Grove Developments Ltd v S&T, [2018] EWHC 123 (TCC), is likely to be Mr Justice Coulson's last case at the TCC before his elevation to the Court of Appeal.
2 Mar 2018
Under most formal contracts it is necessary for the Contractor to give notice of various matters as part of the process of seeking extensions of time and/or loss and expense.
19 Dec 2017
Responsibility For Concurrent Delay
Claims revolving around concurrent delay are a frequently encountered problem in construction contracts. As Jeremy Glover explains, the problem of concurrency typically arises when...
14 Dec 2017
Contractual Pre-Conditions To Arbitration In England And The UAE
Under the FIDIC form, whether it is the 1999 Rainbow suite or the 1987 Fourth Edition, which is still used fairly widely in the Middle East today, obtaining a decision from either the Engineer (4th Edition) or a DAB (1999 suite) is generally a precondition to a party being entitled to commence arbitration.
27 Oct 2016
Challenging Procurement Procedures - What Is Your Likely Remedy If You Are Successful?
Following, two separate hearings, the courts decided that the procurement procedures followed in respect of a proposed framework agreement in Northern Ireland were flawed. Recently there has been a third hearing about the appropriate remedy.
21 Nov 2008
Security For Pre-Action Costs?
It is well known that, where a claiming party is a limited company, under section 726(1) of the 1985 Companies Act1, if it appears by credible testimony that there is a reasonable belief that the company will be unable to pay the defending party’s costs if its claim fails, then it may be required to provide security for the defending party’s costs.
11 Mar 2008
A Pragmatic Approach To The Pre Action Protocol
Mr Justice Akenhead, in the recent case of Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223, had to consider the approach to take when faced with an application to stay proceedings in order for the Pre Action Protocol for Construction & Engineering Disputes ("the Protocol") to be followed. He decided that the correct approach to take was a pragmatic one.
18 Feb 2008
Setting Up A Designated Deposit Account
The principle that retention is held on trust is a well established one. However the recent case of Bodill & Sons (Contractors) Limited v Harmail Singh Mattu [2007] EWHC 2950 which came before Mr Justice Akenhead answers certain questions about the manner in which those trust accounts should be set up.
13 Feb 2008
European Community Public Procurement Rules – the Principle of Equal Treatment of Tenderers
In our recent article, Equal Treatment and Fairness in Procurement, we reviewed two recent UK cases which consider the principle of the equal treatment of tenderers. In short, this principle requires that all tenders comply with the tender conditions so as to ensure an objective comparison of the tenders submitted by the various tenderers.
13 Feb 2008
What Is Your Potential Liability For Costs If You Admit A Claim Before Or On Filing An Acknowledgment Of Service?
The issue before Mr Justice Akenhead in the case of Amber Construction Services Limited v London Interspace HG Limited [2007] EWHC 3042 (TCC) related to whether only fixed costs should be payable if a defendant admitted or paid the sum claimed within a few days of the issue of a claim or before the Acknowledgement of Service was filed.
4 Jan 2008
International Arbitration - The House Of Lord’s Golden Rule Relating To Arbitration Clauses
In our article headed "The New Liberal Approach Of The English Court Of Appeal" we highlighted the comments of Longmore LJ in the case of Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2007 EWCA Civ 20] where he indicated that a new approach needed to be taken by the English courts when considering questions relating to the jurisdiction of arbitration clauses in international commercial contracts.
18 Oct 2007
Just How Detailed Do Pre Action Protocol Letters Need To Be?
As you will almost certainly know, a revised Pre Action Protocol for Engineering and Construction Disputes ("the Protocol") came into effect on 6 April 2007. Already this year, there has been one case, Charles Church Developments Ltd v Stent Foundations Ltd & Peter Dann Ltd, [2007] EWHC 855 (TCC), before the courts, where Mr Justice Ramsey, who has recently taken over as the head judge at the Technology & Construction Court had to consider the consequences of failing to comply with the Protocol
16 Oct 2007
Annual Review: Round Up Of The Key Legal Decisions And Regulatory Changes Over The Past 12 Months
The Fenwick Elliott Annual Review, (please click here to read), contains a number of articles and features designed to help, keep you informed about the latest legal decisions and regulatory changes so as to enable you to avoid costly delays and disputes.
18 Sep 2007
Further Evidence That The Courts Will Uphold Dispute Resolution Provisions In Contracts
The recent case of Harper v Interchange Group Limited [2007] EWHC 1834 provides further confirmation that the courts will expect parties to follow any dispute resolution provisions they may have contractually agreed to.
6 Sep 2007
Is There A Remedy For Breaching The Dispute Resolution Provisions Of A Contract?
The penalties for unreasonably refusing a genuine request to mediate during the course of Court proceedings are well known and as we explained in our article on the DGT v Cubitt case, if a contract has a mandatory adjudication provision, then Court proceedings can be stayed to enable the adjudication to take place.
30 Aug 2007
Liability For Damage Caused By Fire And Applying The Principles In "Biggin V Permanite" In Considering The Reasonableness Of A Settlement
The question of who is liable for damage caused by fire is one which crops up more often than you might think. The case of John F Hunt Demolition Ltd v ASME Engineering Ltd [EWHC] 1507 TCC provides a useful recap on questions of responsibility where there is damage is to property, and the contract makes provision for a Joint Names insurance policy.
1 Aug 2007
Will The Court Stay Proceedings In Favour Of Adjudication?
It is well known that, following the case of Hershel Engineering Limited v Breen Property Limited [2000] EWHC TCC 178, section 108 of the Housing Grants Construction & Regeneration Act 1996 means exactly what it says. An adjudication can be commenced at any time, even if there are court proceedings already in progress.
19 Jul 2007
Will The Grant Of An Extension Of Time Always Prevent An Employer From Deducting Liquidated Or Delay Damages?
In our article headed "What constitutes unreasonable and vexatious behaviour when a notice of determination is served?", we discussed the case of Reinwood Limited v Brown & Sons Limited, where HHJ Gilliland QC having summarised the existing authorities, set out six propositions to assist in deciding whether a notice has been given "unreasonably or vexatiously."
5 Jul 2007
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