i-law

Building Law Monthly

The slip rule in Scotland and failure to exhaust jurisdiction

In NKT Cables A/S v SP Power Systems Ltd [2017] CSOH 38 Lady Wolffe held that Regulation 22A of the amended Scheme for Construction Contracts (Scotland) Regulations 1998 (SI 1998/667) did not apply to the adjudication between the parties because the..
Online Published Date:  19 April 2017
Appeared in issue:  Vol 34 No 4 - 19 April 2017
No change to principles by which contracts are interpreted
In Wood v Capita Insurance Services Ltd [2017] UKSC 24, [2017] 2 WLR 1095 the Supreme Court affirmed that its decision in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 had not ‘rowed back’ from its earlier decision in Rainy Sky SA v Kookmin Bank..
Online Published Date:  19 April 2017
Appeared in issue:  Vol 34 No 4 - 19 April 2017
Implied terms – The test restated

The test to be applied by the courts when deciding whether or not to imply a term into a contract has been the source of some controversy recently. In Ali v Petroleum Company of Trinidad and Tobago [2017] UKPC 2 Lord Hughes helpfully summarised the..
Online Published Date:  19 April 2017
Appeared in issue:  Vol 34 No 4 - 19 April 2017
Adjudication enforcement and the relationship with Part 8 claims

In Hutton Construction Ltd v Wilson Properties (London) Ltd [2017] EWHC 517 (TCC) Coulson J held that the claimant was entitled to summary judgment in order to enforce the decision of an adjudicator. In so concluding, Coulson J affirmed the general..
Online Published Date:  19 April 2017
Appeared in issue:  Vol 34 No 4 - 19 April 2017

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