WFW secures victory for Abbey Healthcare in key Court of Appeal ruling
In an important decision, the Court of Appeal overturned a High Court judgment that had restricted the use of a quicker and cheaper means of resolving construction disputes.
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Adjudication benefits extended by Court of Appeal in important decision
In an important decision, the UK Court of Appeal has today overturned a High Court judgment that restricted the use of a quicker and cheaper means of resolving construction disputes.
The decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP, in which WFW’s construction team acted for Abbey, the successful appellant, will have significant implications for the construction and real estate industries as it confirms the benefits of adjudication as being more widely available.
Court of Appeal to revisit two-tier system for Collateral Warranties
The Court of Appeal has confirmed it intends to review whether collateral warranties attract statutory adjudication rights.
A surprising conclusion? The impact of the Notice of Completion of Making Good in the due date of final accounts when no defects have been notified under JCT contracts
The decision in CC Construction Ltd v Mincione is also a warning for adjudicators on the importance of considering carefully all defences raised by the parties.
Court confirms two-tier system for collateral warranties
This article examines the decision Toppan Holdings Limited and another v Simply Construct (UK) LLP where the UK’s TCC has provided guidance on whether collateral warranties given on construction projects are “construction contracts” and whether an adjudication can be brought under collateral warranties.
Adjudication after Brexit: an English affair
This article examines a recent case which provides guidance on the powers and proclivities of the English courts to resolve disputes concerning domestic construction operations.
Adjudication and Insolvency: Exploring Bresco
In this briefing, we discuss a recent decision of the English Technology and Construction Court which provides useful guidance on exceptions to the general rule that a company in liquidation cannot pursue and enforce an adjudication.
Notice of Adjudication: How important is it to get the name right?
Following a recent decision in the Technology & Construction Court, this article explores the trend towards looking at the substance of an adjudication notice over its form when ascertaining its validity.