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Burden of proof, global claims and interest
In John Sisk & Son Ltd v Carmel Building Services Ltd (in administration) [2016] EWHC 806 (TCC) Carr J held that an arbitrator had not erred in relation to the location of the burden of proof in connection with the defendant’s claim for payment..
Online Published Date:
14 June 2016
Appeared in issue:
Vol 33 No 06 - 14 June 2016
The legal effect of an anti-oral variation clause
In Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd [2016] EWCA Civ 396 the Court of Appeal gave consideration to the legal effect of an anti-oral variation clause (that is to say, a clause in a written contract which provides that it can..
Online Published Date:
14 June 2016
Appeared in issue:
Vol 33 No 06 - 14 June 2016
Lack of signed agreement not fatal to existence of contract
In Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 the Court of Appeal considered the circumstance, which is not uncommon in the construction industry, where a written document states that it is not binding until it has..
Online Published Date:
14 June 2016
Appeared in issue:
Vol 33 No 06 - 14 June 2016
Extensions of time and liquidated damages
In Carillion Construction Ltd v Woods Bagot Europe Ltd [2016] EWHC 905 (TCC), Miss Recorder Nerys Jefford QC sitting as a Judge of the Technology and Construction Court held that any additional period of time to which the defendant was entitled in..
Online Published Date:
14 June 2016
Appeared in issue:
Vol 33 No 06 - 14 June 2016
Did a dispute arise ‘under’ a construction contract?
In J Murphy & Sons Ltd v W Maher and Sons Ltd [2016] EWHC 1148 (TCC) Sir Robert Akenhead held that the claimant was not entitled to a declaration that an adjudicator had no jurisdiction because the dispute arose ‘under’ a settlement agreement..
Online Published Date:
14 June 2016
Appeared in issue:
Vol 33 No 06 - 14 June 2016