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Section 2 applies only to contracts for the future disposition of an interest in land
In Rollerteam Ltd v Riley [2016] EWCA Civ 1291 the Court of Appeal held that s2 of the Law of Property (Miscellaneous Provisions) Act 1989 applies only to executory contracts for the future sale or other disposition of an interest in land and does..
Online Published Date:
27 February 2017
Appeared in issue:
Vol 34 No 2 - 27 February 2017
Adjudication and the recovery of consultants’ costs
In Octoesse LLP v Trak Special Projects Ltd [2016] EWHC 3180 (TCC) Jefford J held that the claimant was not entitled to a declaration that the decision of the adjudicator was unenforceable. The adjudicator had adopted the correct interpretation of..
Online Published Date:
27 February 2017
Appeared in issue:
Vol 34 No 2 - 27 February 2017
Validity of payment and pay less notices
In Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Ltd [2017] EWHC 17 (TCC) Mr Alexander Nissen QC held that the claimant was not entitled to a declaration that the Interim Payment Notice served by the defendant contractor..
Online Published Date:
27 February 2017
Appeared in issue:
Vol 34 No 2 - 27 February 2017
Validity of payment and pay less notices
In Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Ltd [2017] EWHC 17 (TCC) Mr Alexander Nissen QC held that the claimant was not entitled to a declaration that the Interim Payment Notice served by the defendant contractor..
Online Published Date:
27 February 2017
Appeared in issue:
Vol 34 No 3 - 21 March 2017
Constructive trusts and Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
In Matchmove Ltd v Dowding and Church [2016] EWCA Civ 1233 the Court of Appeal held that the claimants had established that a meadow was held by the defendant on constructive trust for the claimants such that the claimants were entitled to invoke..
Online Published Date:
27 February 2017
Appeared in issue:
Vol 34 No 2 - 27 February 2017
Non-delegable duty and the withdrawal of support
In Wilmott Dixon Construction Ltd v Robert West Consulting Ltd [2016] EWHC 3291 (TCC), Coulson J declined to permit the defendant to amend its defence in order to add a new allegation purporting to make the claimant vicariously liable for the work..
Online Published Date:
27 February 2017
Appeared in issue:
Vol 34 No 2 - 27 February 2017
Failure to advise on need for formal contract
In Harlequin Property (SVG) Ltd v Wilkins Kennedy (a firm), [2016] EWHC 3188 (TCC), Coulson J held that the defendant was in breach of contract and/or negligent in advising the claimants not to enter into a formal, detailed contract with the..
Online Published Date:
27 February 2017
Appeared in issue:
Vol 34 No 2 - 27 February 2017