Searching Content indexed under Real Estate by Jeremy Glover ordered by Published Date Descending.
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Arbitration In The UAE
The Federal Arbitration Act ("FAA") came into effect in the UAE on 16 June 2018.
3 Dec 2018
Are Notice Clauses Always Fair And Reasonable?
As we have discussed in previous issues of IQ and our Annual Review, under the FIDIC form there is a requirement on both the Contractor and Employer to submit notices about claims ..
25 Apr 2016
Legal Issues Surrounding Building Information Modelling (BIM)
In Bharat Aluminium the Supreme Court found that by adopting the UNCITRAL Model Law the Indian legislature had accepted the territorial principles contained within the Model Law.
6 Dec 2012
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
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
The Potential Dangers of Extending Letters of Intent
In his article, Letters of Intent: Principles and Pitfalls my colleague Matthew Needham-Laing concluded that in an ideal world, there would be no letters of intent.
29 Jun 2006
Quantum Meruit – Valuation of Works Under a Letter of Intent
In his article, Letters of Intent: Principles and Pitfalls*, my colleague Matthew Needham-Laing concluded that in an ideal world, there would be no letters of intent. One of the reasons for this was demonstrated by the recent case of ERDC Group Limited v Brunel University where a dispute arose as to the basis upon which the contractor should be paid for works carried out under a letter of intent.
4 May 2006
Will a Warranty Always Enable an Employer to Pursue a Claim Against the Contractor if the Developer Becomes Insolvent?
Chelverton Properties Ltd, property developers, entered into a contract with Safeway under which Chelverton were to design and construct a supermarket which included a two-deck car park.
5 Apr 2006
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