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Liability of surveyor in connection with recently rebuilt property
In Hart v Large [2020] EWHC 985 (TCC) Mr Roger ter Haar QC, sitting as a Deputy High Court Judge, held that the defendant surveyor had been negligent when carrying out a homebuyer’s report on a recently rebuilt property. He gave particular content..
Online Published Date:
26 June 2020
Appeared in issue:
Vol 37 No 06 - 26 June 2020
No entitlement to injunction to restrain insolvent party from continuing with adjudication
In Balfour Beatty Civil Engineering Ltd and Another v Astec Projects Ltd (in liquidation) [2020] EWHC 796 (TCC) Waksman J held that the claimant was not entitled to an injunction to restrain the defendant company, which was in insolvency, from..
Online Published Date:
26 June 2020
Appeared in issue:
Vol 37 No 06 - 26 June 2020
Payment of adjudicator’s fees did not amount to a waiver
In Platform Interior Solutions Ltd v ISG Construction Ltd [2020] EWHC 945 (TCC) Mr Roger ter Haar QC, sitting as a Deputy High Court Judge, held that the payment by the defendant of the adjudicator’s fees did not on the facts of the case amount to a..
Online Published Date:
26 June 2020
Appeared in issue:
Vol 37 No 06 - 26 June 2020
Force majeure and indirect or consequential loss or damage
In 2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) O’Farrell J held that a force majeure clause did not protect the defendant from liability for damage caused by fire started by rioters because the fire and resulting loss were not..
Online Published Date:
26 June 2020
Appeared in issue:
Vol 37 No 06 - 26 June 2020
Defendant not entitled to stay of execution as a result of delay
In Broseley London Ltd v Prime Asset Management Ltd (Trustee of the Mashel Family Trust) [2020] EWHC 944 (TCC) Mr Roger ter Haar QC, sitting as a Deputy High Court Judge, held that the defendant was not entitled to a stay of execution in relation to..
Online Published Date:
26 June 2020
Appeared in issue:
Vol 37 No 06 - 26 June 2020