Searching Content indexed under Industry Updates & Analysis by Jeremy Glover ordered by Published Date Descending.
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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
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 articles and practical advice designed to help keep you up to date on the latest legal developments and regulatory changes.
28 Oct 2008
Assessing Damages For A Repudiatory Breach Of Contract – The Impact Of The Gulf War
The repudiation of a contract by one party, if accepted by the other (often known as the injured party), will bring that contract to an end and release both parties from their primary obligations under the contract. The injured party is entitled to recover damages against the repudiator to compensate him for any financial loss which the repudiator's breach has caused him to suffer.
29 Mar 2007
What Can You Do If Your Umpire Or Adjudicator Fails To Provide Adequate Reasons In His Decision? Will The Court Assist?
Where an adjudicator or an umpire appointed to carry out an expert determination fails to provide adequate reasoning for their decision is there anything that can be done? This was something Mr Justice Cresswell had to consider in the recent case of Halifax Life Limited v The Equitable Life Assurance Society [2007] EWHC 503.
29 Mar 2007
Are You Ready For The New Construction Pre-Action Protocol?
On 6 April 2007, a revised Pre Action Protocol for Construction & Engineering Disputes comes into force. This new protocol will govern all disputes from that date. Disputes which are currently the subject of the existing protocol will continue to be governed by that protocol.
15 Mar 2007
Damages: Your Building Is Defective - Are You Entitled To Demolition And Reinstatement Costs Or Simply The Costs Of Repair?
Since The Board of Governors of the Hospitals for Sick Children and Another v McLaughlin & Harvey plc and others – ("the Great Ormond Street case") [1987] 19 Con LR 25) - it has become something of a construction lawyer's "rule of thumb" that if a claimant wants to recover the cost of rectification it is more likely to do so if remedial works have been carried out upon a professional consultant's advice.
1 Mar 2007
International Arbitration - The New Liberal Approach Of The English Court Of Appeal
The Court of Appeal in their recent decision in the case of Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2007 EWCA Civ 20] have indicated that a new approach needs to be taken by the English courts when considering questions relating to the jurisdiction of arbitration clauses in international commercial contracts.
15 Feb 2007
What Might The Consequences Be If An Adjudicator Fails To Deliver His Decision On Time?
If a final certificate has been issued, under most contracts there is a short period before it becomes conclusive; under most JCT contracts that period is 28 days. If a party wants to challenge that certificate it must take action within that window of opportunity.
8 Feb 2007
What Is The Current Approach Of The Courts When A Party Refuses To Mediate? P4 Limited v Unite Integrated Solutions Plc.
Following the Court of Appeal decisions in the cases of Halsey v Milton Keynes General NHS Trust and Steel v Joy and Halliday [2004] EWCA Civ 576, which were decided together in May 2004, the position of the Courts was clear. Parties were to be encouraged to settle their disputes through ADR.
7 Dec 2006
Are The Courts Toughening Their Approach To Adjudication Enforcement Applications?
This simple answer to this question appears to be yes. Two recent decisions from Judges Coulson and Wilcox respectively seem to confirm this.
21 Nov 2006
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
Can a Losing Party in an Adjudication Withhold Payment on the Basis That it Expects to Recover an Equivalent or Larger Sum in a Subsequent Adjudication?
Interserve Industrial Services Ltd v Cleveland Bridge UK Ltd was an adjudication enforcement case heard before Mr Justice Jackson. The parties were engaged on works to refurbish and strengthen the Tinsley viaduct. Disputes arose and there were a series of adjudications carried out in accordance with the CIC Model Adjudication procedure.
20 Apr 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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