enews

Valuation of Variations

M T Hojgaard –v- EON Climate and Renewables [2013] EWHC 967 (TCC), Lawtel
Facts
M T Hojgaard, as main contractor, undertook to design manufacture and install …

How does good faith affect the operation of termination clauses?

TSG Building Services Plc –v- South Anglia Housing Limited (2013) Lawtel 15/2/2013 TCC
Facts
South Anglia Housing contracted with TSG to provide gas servicing work to …

Residential Occupier Exception to the Construction Act

Westfields Construction –v- Lewis [2013] CILL, TCC
Mr Lewis had previously lived in his house at Cavendish Avenue, London, NW8 but purchased a flat in …

Householder claims against architects

West –v- Ian Finlay and Associates (2013) Lawtel, TCC
Mr and Mrs West hired Ian Finlay, Architect, to design and specify extensive improvements to their …

When can a single joint expert be challenged by a party’s expert?

Bulic –v- Harwoods [2013] BLR 89. QBD
Mr Bulic sued Harwoods’ Garage for allegedly faulty servicing of his Jaguar motor car.  Harwoods’ defence was that …

Definition of material breach: Reining in good faith obligations

Mid-Essex Hospital Service NHS Trust –v- Compass Group (2013) BLM, Court of Appeal
We mentioned this case in our newsletter of January 2013.  The High …

Who owns the contents of an email?

Fairstar Heavy Transport -v- Philip Adkins
Fairstar was an overseas transportation company.  In May 2011, the chief executive Philip Adkins negotiated a deal for the …

Continued Development of the concept of good faith in contracts

Yam Seng –v- International Trade Corporation [2013] EWHC111(QBD)
Facts
ITC appointed Yam Seng as a distributor for fragrances in certain countries for  a period of 30 …

Implications of Second Adjudicator’s Reliance upon a First Adjudicator’s Decision – not in breach of natural justice

Arcadis –v-  May & Baker trading as Sanofi [2013] EWHC 87, TCC Akenhead J
Facts
Sanofi had a brownfield site in Dagenham and employed Arcadis to …

Good faith in commercial contracts

Jacobs -v- Skidmore Owings [2013] CILL.  TCC.  Coulson J.
Facts
Jacobs and Skidmore were in litigation.  They settled the litigation with a settlement deal whereby Skidmore …