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When is a dispute the same or substantially the same?
In Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC) Stuart-Smith J rejected a submission that a dispute which had been referred to adjudication was the same or substantially the same as a dispute between the parties which had..
Online Published Date:
17 April 2019
Appeared in issue:
Vol 36 No 04 - 01 April 2019
Identity of parties to an adjudication
In Donald Insall Associates Ltd v Kew Holdings Ltd [2019] EWHC 384 (TCC) O’Farrell J held that the claimant was entitled to summary judgment in order to enforce the decision of an adjudicator. It was held that a valid contract had been entered into..
Online Published Date:
17 April 2019
Appeared in issue:
Vol 36 No 04 - 01 April 2019
Injunction refused in ongoing adjudication
In Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd and Nigel Anthony Dight [2019] EWHC 711 (TCC) Fraser J held that the claimants were not entitled to an injunction to restrain the continuance of an adjudication, to which..
Online Published Date:
17 April 2019
Appeared in issue:
Vol 36 No 04 - 01 April 2019
Material variation, material breach and practical completion
In Mears Ltd v Costplan Services (South East) Ltd [2019] EWCA Civ 502 the Court of Appeal held that the words “materially affect the size” of a room in student accommodation were not sufficient of themselves to turn a breach of the clause into a..
Online Published Date:
17 April 2019
Appeared in issue:
Vol 36 No 04 - 01 April 2019