enews

Careless claims can lead to fraud proceedings

PBS Energo v Bester Generacion [2019] EWHC 966, Building Law Monthly 2019, TCC
Facts
PBS had a financial claim against Bester which it sought to resolve …

Meaning and effect of the expression “Subject to Contract”

Astra Asset Management v The Co-op Bank 2019 EWHC 897, BLM June 2019. Commercial Court
Facts
Astra and The Co-op Bank entered into negotiations upon …

When a stipulation for a written contract may be overridden by events

Anchor v Midas Construction [2019] EWHC 435, Building Law Monthly June 2019. TCC
Facts
Anchor required the design and build of a new retirement home and …

Can a Building Regulations Certifier be sued in tort by the occupier of a defective building?

Zagora Management v Zurich Building Control Services [2019] EWC 140, TCC, 182 ConLR 180
Facts
This relates to the construction of “New Lawrence House”, a residential …

Concept of Good Faith in Contracts

Bates v Post Office Limited [2019] EWHC 606 QB, All ER (D) 100
Facts
Mr Bates was one of 550 claimants who were, generally, sub-postmasters running …

Identity of Contracting Parties – again

Donald Insall Associates v Kew Holdings Limited [2019] EWHC 384, BLM 2019 TCC
Facts
Mr Brothers was a Director of Kew Holdings.  He contacted Donald Insall …

Meaning of “Practical Completion”

How important is the certifier’s judgement?

Second Adjudication of the same matter

When is a second claim more than just a repeat of an earlier application?

Will Brexit frustrate commercial contracts?

An EU government agency argued that its lease will be “frustrated” and “illegal” after Brexit – how did the Court of Appeal respond?

Is there an implied right to suspend?

Construction site

A thorough review of this old question, and a very clear answer.