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Injunction to restrain reference to adjudication refused
In Harding (t/a MJ Harding Contractors) v Paice and another [2014] EWCA Civ 1231 the Court of Appeal dismissed an appeal from the decision of Edwards-Stuart J (on which see our December 2014/January 2015 issue pp 4–7) and held that the..
Online Published Date:
21 December 2015
Appeared in issue:
Vol 33 No 01 - 19 December 2015
The penalty clause rule re-considered
The Supreme Court in Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis [2015] UKSC 67, [2015] 3 WLR 1373 rejected a challenge to the penalty clause rule and held that it continues to be a part of English contract law. At..
Online Published Date:
21 December 2015
Appeared in issue:
Vol 33 No 01 - 19 December 2015
Implied terms revisited
In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another (Rev 1) [2015] UKSC 72, [2015] 3 WLR 1843 the Supreme Court affirmed that the test which must be satisfied before a term can be implied as a matter of..
Online Published Date:
21 December 2015
Appeared in issue:
Vol 33 No 01 - 19 December 2015