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Unsuccessful party to adjudication has cause of action to recover overpayment
In Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2015] UKSC 38, [2015] 1 WLR 2961 the Supreme Court dismissed an appeal from the decision of the Court of Appeal (on which see our December 2013/January 2014 issue pp.1–4) and held..
Online Published Date:
17 July 2015
Appeared in issue:
Vol 32 No 07 - 17 July 2015
Estoppel by convention
In Mears Ltd v Shoreline Housing Partnership Ltd [2015] EWHC 1396 (TCC) Akenhead J held that the claimant was entitled to recover a sum of money which the defendant had deducted from money otherwise payable to the claimant. It was held that the..
Online Published Date:
17 July 2015
Appeared in issue:
Vol 32 No 07 - 17 July 2015
The limits of commercial common sense
In Arnold v Britton [2015] UKSC 36, the Supreme Court has once again given consideration to the principles applied by the courts when seeking to interpret commercial contracts.
The present case illustrates the reluctance of the courts to invoke..
Online Published Date:
17 July 2015
Appeared in issue:
Vol 32 No 07 - 17 July 2015