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Absence of reliance fatal to negligent mis-statement claim
In Hunt v Optima (Cambridge) Ltd [2014] EWCA Civ 714 the Court of Appeal held that the defendants were not liable in negligence to the claimant leaseholders arising out of ‘architects certificates’ issued by the defendants for the..
Online Published Date:
27 October 2014
Appeared in issue:
Vol 31 No 9 - 27 October 2014
Third party not entitled to commence adjudication proceedings
In Hurley Palmer Flatt Ltd v Barclays Bank plc [2014] EWHC 3042 (TCC) Ramsey J held that the terms of a construction contract did not give to a third party the right to have liability under the contract determined by adjudication. The third party..
Online Published Date:
27 October 2014
Appeared in issue:
Vol 31 No 9 - 27 October 2014
Time limited obligation to seek to resolve a dispute by friendly discussions held to be enforceable
In Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm) Teare J held that a dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly..
Online Published Date:
27 October 2014
Appeared in issue:
Vol 31 No 9 - 27 October 2014
Breach of duty did not bar claim under indemnity clause
In Greenwich Millennium Village Ltd v Essex Services Group plc [2014] EWCA Civ 960, [2014] 1 WLR 3517 the Court of Appeal held that, in the case of a construction contract, a failure by an indemnitee to spot defects perpetrated by its contractor or..
Online Published Date:
27 October 2014
Appeared in issue:
Vol 31 No 9 - 27 October 2014