Article Archive

Article

Commercial Disputes Weekly – Issue 214

In this edition of Commercial Disputes Weekly, we look at two maritime judgments upholding letters of indemnity and ‘pay to be paid’ clauses, enforcement of an adjudication decision and a positive ending to the long-running Takhar claim.

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Commercial Disputes Weekly – Issue 213

In this edition of Commercial Disputes Weekly we consider the first decision by the Supreme Court on the meaning of “construction contract”, as well as judgments on agency, novation and interest provisions.

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Access To Adjudication Restricted By Supreme Court Decision

In a landmark decision, the UK Supreme Court has restricted access to an alternative form of dispute resolution for deciding construction disputes that is quicker and cheaper than litigation. By narrowly interpreting the reference to “construction contract” at section 104 of the Housing Grants, Construction and Regeneration Act 1996, the Court has effectively confined statutory adjudication to the contracts under which the original works and services were performed.

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