enews

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 …

Pay when Certified Clauses – set-off against adjudication

R&C Electrical Engineers -v- Shaylor Construction (2012) CIL.TCC
Facts
Shaylor was the main contractor on the new Goscote Palliative Care Centre, Goscote Hospital, Walsall.  It sub-let …

Best Endeavours – At what cost to the Promisor?

Jet2.com –v- Blackpool Airport (2012) CILL
Blackpool Airport and Jet2 signed an agreement under which Jet2 would operate flights out of Blackpool Airport for 15 …

Legal formalities for an enforceable guarantee

Golden Ocean Group –v- Salgaocar Mining Industries (2012) CILL. Court of Appeal
Facts
Golden Ocean was asked to charter one of its ships to Trustworth Shipping …

Claims Consultants beware! Do your emails have legal professional privilege?

Walter Lilly -v- Mackay [2012] BLR 8250 TCC
Mr Mackay instructed James R Knowles as his commercial consultant to advise on claims by Walter Lilly …

Barr -v- Biffa Waste Services Limited [2012] Building Law Reports Court of Appeal

Mr Barr brought a “class action” on behalf of himself and 151 other householders who lived near the Westmill tip in Hertfordshire.  For 5 …

Formal Settlement offers – getting the technicalities right

Thewlis v Groupama Insurance [2012] EMR 259, Leeds TCC Judge Behren
Mr Thewlis made a claim upon his insurance company Groupama in respect of substantial …

HSE –v- Phil Watson Civil Engineering Limited (PWCEL) 2012

HSE –v- Phil Watson Civil Engineering Limited (PWCEL) 2012
The recent prosecution of PWCEL should be a timely reminder to us all of the very …

Contract Determination – Who gets the documents?

Alstom –v- Somi [2011] CILL TCC
Alstom was the main contractor on the EPC of a new power station in Pembrokshire.  It sub-contracted Somi of …

Regular and Diligent Progress

Leander Construction –v- Mulalley [2012] CILL TCC. Coulson J
Mulalley had a main contract to carry out works at a development in Lewisham, and sub-contracted …