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Late amendment permitted in cladding case
In Martlet Homes Ltd v Mulalley & Co Ltd [2021] EWHC 296 (TCC) Pepperall J held that the defendant was entitled to strike out paragraphs in the claimant’s reply on the ground that they were an attempt to advance a new claim out of time. However,..
Online Published Date:
26 April 2021
Appeared in issue:
Vol 38 No 04 - 26 April 2021
Contract term held not to be a penalty clause
In De Havilland Aircraft of Canada Ltd v Spicejet Ltd [2021] EWHC 362 (Comm) Sir Michael Burton GBE, sitting as a High Court Judge, held that a clause in a purchase agreement for the acquisition of aircraft did not amount to a penalty clause. The..
Online Published Date:
26 April 2021
Appeared in issue:
Vol 38 No 04 - 26 April 2021
Environment agency failed to strike out negligence claim
In Anchor Hanover Group v Arcadis Consulting (UK) Ltd and Others [2021] EWHC 543 (TCC) O’Farrell J declined to strike out a claim against the Environment Agency in respect of damage caused to property belonging to the claimant after a flood caused..
Online Published Date:
26 April 2021
Appeared in issue:
Vol 38 No 04 - 26 April 2021
Consultant engineers held not to owe a duty of care to main contractors
In Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd and Others [2021] EWHC 590 (TCC) Fraser J held that engineering consultants did not owe a duty of care to main contractors, with whom they were not in a contractual..
Online Published Date:
26 April 2021
Appeared in issue:
Vol 38 No 04 - 26 April 2021