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REQUIREMENT TO PAY COSTS OF ADJUDICATION INCONSISTENT WITH SECTION 108 OF THE 1996 ACT
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 to adjudication ‘fully responsible for meeting..
Online Published Date:
27 May 2010
Appeared in issue:
Vol 27 No 5 - 01 May 2010
REMOTENESS RECONSIDERED
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 law relating to remoteness of damage in contract. We..
Online Published Date:
27 May 2010
Appeared in issue:
Vol 27 No 5 - 01 May 2010
ADJUDICATOR’S FAILURE TO CONSIDER DEFENCE RENDERS DECISION UNENFORCEABLE
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 by a defendant to an adjudication amounted to a material..
Online Published Date:
27 May 2010
Appeared in issue:
Vol 27 No 5 - 01 May 2010
PROPRIETARY ESTOPPEL AND THE MEANING OF DETRIMENT
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, the inquiry should be made in the context of the nature and..
Online Published Date:
27 May 2010
Appeared in issue:
Vol 27 No 5 - 01 May 2010
UNCERTAINTY, MINIMUM PERFORMANCE AND THE MEASURE OF DAMAGES
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 uncertainty and they also considered the approach to be..
Online Published Date:
27 May 2010
Appeared in issue:
Vol 27 No 5 - 01 May 2010