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Stay of Enforcement and the Recovery of Costs
In Complete Ceiling and Partitioning Systems Ltd v DE1 Ltd [2024] EWHC 2800 (TCC), Her Honour Judge Sarah Watson held that the claimant was not entitled to recover its costs in respect of its application to enforce the decision of an adjudicator as..
Online Published Date:
21 November 2024
Appeared in issue:
Vol 41 No 10 - 21 November 2024
The Interpretation and Separability of Expert Determination Clauses
In Dandara South East Ltd v Medway Preservation Ltd and Medway Preservation & Development Ltd [2024] EWHC 2318 (Ch), Master Brightwell held that an expert determination clause in a contract for the sale of land was the contractually agreed..
Online Published Date:
21 November 2024
Appeared in issue:
Vol 41 No 10 - 21 November 2024
Absolute Assignment or Assignment by Way of Charge?
In Estate Management and Business Development Company Ltd v Junior Sammy Contractors Ltd [2024] UKPC 33 the Privy Council, in an appeal from a decision of the Court of Appeal of Trinidad and Tobago, held that a contractor was entitled to recover..
Online Published Date:
21 November 2024
Appeared in issue:
Vol 41 No 10 - 21 November 2024
The Scope of the Penalty Clause Rule
The Court of Appeal in Houssein v London Credit Ltd [2024] EWCA Civ 721 reaffirmed the principles to be applied when deciding whether or not an agreed damages clause is a penalty clause and is therefore unenforceable. In doing so, the Court of..
Online Published Date:
21 November 2024
Appeared in issue:
Vol 41 No 10 - 21 November 2024
Adjudication and Natural Justice
In ATG Services (Scotland) Ltd v Ogilvie Construction Ltd [2024] CSOH 94, Lord Sandison held that the defender was not entitled to resist enforcement of the decision of an adjudicator on the ground that the adjudicator had breached the principles of..
Online Published Date:
21 November 2024
Appeared in issue:
Vol 41 No 10 - 21 November 2024