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The meaning of “the total cost of works”
In Alebrahim v BM Design London Ltd [2022] EWCA Civ 183 the Court of Appeal held, in the context of a contract for the interior design of a substantial flat in a mansion block, that the words “the total cost of works” were a reference to the total..
Online Published Date:
22 April 2022
Appeared in issue:
Vol 39 No 4 - 22 April 2022
Adjudicator did not undermine previous decision
In John Graham Construction Ltd v Technicas Reunidas UK Ltd [2022] EWHC 155 (TCC), Morris J held that the decision of an adjudicator in a subsequent adjudication had not undermined a decision reached as the outcome of an earlier adjudication between..
Online Published Date:
22 April 2022
Appeared in issue:
Vol 39 No 4 - 22 April 2022
Tomlin Orders and adjudication
In Fairgrove Homes Ltd v Monument Two Ltd [2021] EWHC 3450 (TCC), [2022] BLR 140, Morris J held that the principles applied by the courts to the interpretation of commercial contracts are also applicable to the interpretation of a Tomlin Order..
Online Published Date:
22 April 2022
Appeared in issue:
Vol 39 No 4 - 22 April 2022
Reverse summary judgment in negligence claims: the difficulties
In Avantage (Cheshire) Ltd v GB Building Solutions Ltd (in administration) and Others [2022] EWHC 171 (TCC), the fifth defendants were held not to be entitled to reverse summary judgment on the claimant’s claim, or to strike out the claim, in..
Online Published Date:
22 April 2022
Appeared in issue:
Vol 39 No 4 - 22 April 2022
Arbitration and confidentiality
In CDE v NOP [2021] EWCA Civ 1908, [2022] BLR 108, the Court of Appeal held that on the facts of the particular case the decision to hold a case management conference in private had been the correct one, given the harm that disclosure of..
Online Published Date:
22 April 2022
Appeared in issue:
Vol 39 No 4 - 22 April 2022