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Building Law Monthly
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Articles for May 2010
REQUIREMENT TO PAY COSTS OF ADJUDICATION INCONSISTENT WITH SECTION 108 OF THE 1996 ACT
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27 May 2010
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720 (TCC), [2010] All ER (D) 157 (May) Mr Justice Edwards-Stuart held that a clause which rendered a contractor who made a reference..
REMOTENESS RECONSIDERED
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27 May 2010
In our October 2008 issue pp10-12 we considered the decision of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48, [2009] 1 AC 61 and its implications for the..
ADJUDICATOR’S FAILURE TO CONSIDER DEFENCE RENDERS DECISION UNENFORCEABLE
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27 May 2010
In Pilon Ltd v Breyer Group plc [2010] EWHC 837 (TCC), [2010] All ER (D) 197 (Apr) Mr Justice Coulson held that a deliberate decision by an adjudicator not to consider a defence relied upon..
PROPRIETARY ESTOPPEL AND THE MEANING OF DETRIMENT
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27 May 2010
In Henry v Henry [2010] UKPC 3, [2010] 1 All ER 988 the Privy Council held that, when deciding whether a party has acted to his detriment in the context of a proprietary estoppel claim,..
UNCERTAINTY, MINIMUM PERFORMANCE AND THE MEASURE OF DAMAGES
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27 May 2010
In Durham Tees Valley Airport v BMIBaby Ltd [2010] EWCA Civ 485, [2010] All ER (D) 57 (May) the Court of Appeal rejected a submission that an alleged contract between the parties was void for..
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