Construction & Property Law Legal Briefs

Case Notes & Updates on contractual matters, recent case law changes and items of interest in the construction and property law

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Severing an adjudicator’s decision in MTD Contractors Ltd v Willow Corp Sarl

In the second of two adjudications the referring party sought, amongst other things, a declaration as to the proper construction of a supplemental agreement between the parties […]

August 19, 2019 | Silver Shemmings Ash READ MORE
Employer’s Agent (“EA”) and agreements for lease

This article considered two cases which clarified the position in respect of the certifier’s role and obligations. Scheldebouw BV v St James Homes (Grosvenor Dock) Ltd in […]

May 3, 2019 | Silver Shemmings Ash READ MORE
Specific Disclosure granted under Disclosure Pilot Scheme in Kazakhstan Kagazy plc and others v Zhunus and others [2019] EWHC 878 (Comm)

Specific Disclosure granted under Disclosure Pilot Scheme in Kazakhstan Kagazy plc and others v Zhunus and others [2019] EWHC 878 (Comm)  The Commercial Court partially granted an […]

May 3, 2019 | Silver Shemmings Ash READ MORE
Further clarification on the impact of a CVA on adjudication enforcement in Indigo Projects London Ltd v Razin

Further clarification on the impact of a CVA on adjudication enforcement in Indigo Projects London Ltd v Razin and another [2019] EWHC 1205 (TCC)  A CVA is […]

May 3, 2019 | Silver Shemmings Ash READ MORE
Adjudication-related Part 7 and Part 8 application – Willow Corp Sarl v MTD Contractors Ltd

Adjudication-related Part 7 and Part 8 application not to be heard together in Willow Corp Sarl v MTD Contractors Ltd [2019] EWHC 1192 (TCC) (03 May 2019) […]

May 3, 2019 | Silver Shemmings Ash READ MORE
A further analysis of Hitachi v Sisk: is serial adjudication like lingchi?

This case concerned the analysis of whether the eight dispute brought via adjudication was “the same, or substantially the same” as the second, so as to be […]

May 2, 2019 | Silver Shemmings Ash READ MORE
Arbitration Club – Law Courts Branch – Discussion Topic

Housing Grants, Construction and Regeneration Act 1996 – the birth of the withholding notice – the theory – pay now, argue later….morphed into argue now, pay later? […]

July 10, 2018 | Silver Shemmings Ash READ MORE
“After Grove, will sllO(4) be the next (and last) payment issue for the courts to decide?” Robin Orme, Arbitration Club, Law Courts Branch, 10 July 2018

It is perhaps no surprise that I take a different view about sli0B(4). Anecdotally, there is a difference of view among adjudicators as to how to interpret […]

July 10, 2018 | Silver Shemmings Ash READ MORE
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