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Implied terms again
In our December 2015/January 2016 issue (pp 9–12) consideration was given to the decision of the Supreme Court in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72, [2015] 3 WLR 1843 and to the..
Online Published Date:
15 February 2016
Appeared in issue:
Vol 33 No 02 - 15 February 2016
Adjudication and the contractual route to jurisdiction
In RMP Construction Services Ltd v Chalcroft Ltd [2015] EWHC 3737 (TCC) Stuart-Smith J held that the claimant was entitled to enforce the decision of an adjudicator. In reaching this conclusion he emphasised the importance of the distinction between..
Online Published Date:
15 February 2016
Appeared in issue:
Vol 33 No 02 - 15 February 2016
Excluding liability for negligence: A question of interpretation
In Persimmon Homes Ltd v Ove Arup & Partners Ltd [2015] EWHC 3573 (TCC), Stuart-Smith J held that a clause which provided that ‘liability for any claim in relation to asbestos is excluded’ was effective to exclude liability for all claims..
Online Published Date:
15 February 2016
Appeared in issue:
Vol 33 No 02 - 15 February 2016
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:
15 February 2016
Appeared in issue:
Vol 33 No 02 - 15 February 2016
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:
15 February 2016
Appeared in issue:
Vol 36 No 04 - 01 April 2019