enews

Negligence and the balance of probabilities

Smith -v- South Eastern Power Networks [2012] BLR554.  TCC. Akenhead J.
Facts
Mr Smith owned two storey premises with a showroom workshop downstairs and three flats …

Applying the test for professional negligence

Middle Level Commissioners -v- Atkins [2013] CILL. TCC. Akenhead J.
Middle Level Commissioners (MLC) are a drainage authority in Norfolk who engaged Atkins …

Making fraud pay

Facts
Mr Sear was negotiating with Kingfisher Builders for them to carry out works of extension and improvement to his home for more than £200,000.  …

Co-operation and good faith duties

Compass Group -v- Mid Essex Hospital Services NHS Trust [2012] EWHC781.  Queens Branch Division.
Facts
Compass had a contract for catering services to the Trust’s hospitals.  …

Adjudicator’s Fees disallowed where his decision was unenforceable (previous decision reversed)

PC Harrington Contractors –v- Systec International (CILL) 2011, Court of Appeal
We reported this case last year when an adjudicator, employed by Systec, sued for …

Concurrent Delays, Global Claims

Walter Lilly –v- McKay No. 2 CILL (2011) BLR [2012] 503 TCC Akenhead J
Facts
Mr McKay and his associates acquired a site for residential development.  …

Interest rate on damages claims?

Persimmon Homes –v- Hall Aggregate CILL (2012) TCC Ramsey J
Facts
Hall Aggregate obtained judgment for £1,146,000 against Persimmon on a dispute arising from a sale …

Letter of intent – No Contract

Merit –v- Balfour Beatty (2011) CILL. TCC, Edwards-Stuart J
Balfour Beatty was negotiating a contract package for plant and pipeworks with Costain to construct a …

Think before you sign – Enforcing Settlement Agreements

Point West –v- Mivan (2012) CILL.TCC, Ramsey J
Point West was the developer of a site at Cromwell Road in West London.  Mivan was the …

Supreme Court applies business common sense

Rainy Sky –v- Kookmin Bank [2012] BLR Supreme Court
Kookmin Bank issued an advance payment bond to Rainy Sky which had entered into a shipbuilding …