Article Archive

Article

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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Article

Commercial Disputes Weekly – Issue 212

The cases discussed in this edition of Commercial Disputes Weekly illustrate the courts’ approach to interpretation both of statute and contractual terms, in the context of state immunity, protection of water rights, adjudication and loan agreements.

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Article

Commercial Disputes Weekly – Issue 211

In this edition of Commercial Disputes Weekly, we consider whether a party could rely on its own breach to avoid a debt arising, as well as the governing law of interest on damages, the interplay of insolvency and arbitration and instructions in group litigation.

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Article

Commercial Disputes Weekly – Issue 210

There is a construction and property focus to this edition of Commercial Disputes Weekly, with decisions on allocation from the Building Safety Fund, environmental impact assessments in planning permission and repudiation of a plumbing sub-contract. We also discuss interpretation of an investment participation agreement.

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