i-law

Building Law Monthly

Freezing injunction granted pending outcome of adjudication enforcement proceedings

In Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2022] EWHC 1203 (TCC), O’Farrell J held that the claimant was entitled to the continuation of a freezing injunction against the defendant pending the outcome of an adjudication enforcement..
Online Published Date:  20 June 2022
Appeared in issue:  Vol 39 No 06 - 20 June 2022

Approach to the interpretation of pay less notices

In Advance JV v Enisca Ltd [2022] EWHC 1152 (TCC), Joanna Smith J held that the claimant was not entitled to a declaration that it had issued a valid pay less notice against the defendant’s interim application for payment. It was held that payment..
Online Published Date:  20 June 2022
Appeared in issue:  Vol 39 No 06 - 20 June 2022

Parties were not co-insured in respect of the same loss

In The Rugby Football Union v Clark Smith Partnership Ltd and FM Conway Ltd [2022] EWHC 956 (TCC), Eyre J held, on the trial of a preliminary issue, that the loss claimed to have been suffered by the claimant and its insurer was not irrecoverable..
Online Published Date:  20 June 2022
Appeared in issue:  Vol 39 No 06 - 20 June 2022

Adjudication, two disputes, nullity and natural justice

In Liverpool City Council v Vial Infrastructure Asset Management (Viam) Ltd (in administration) [2022] EWHC 1235 (TCC), His Honour Judge Stephen Davies held that the decision of an adjudicator could not be enforced because the adjudicator had..
Online Published Date:  20 June 2022
Appeared in issue:  Vol 39 No 06 - 20 June 2022

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