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FIT FOR HABITATION AND THE DEFECTIVE PREMISES ACT 1972
In Bole v Huntsbuild Ltd [2009] EWCA Civ 1146, [2010] All ER (D) 84 (Feb) the Court of Appeal held, dismissing an appeal, that the trial judge had been entitled to conclude that the existence of fundamental defects in the foundations, coupled with..
Online Published Date:
19 March 2010
Appeared in issue:
Vol 27 No 3 - 01 March 2010
ADJUDICATION, FRAUD AND STAY OF EXECUTION
In Speymill Contracts Ltd v Baskind [2010] EWCA Civ 120, [2010] All ER (D) 285 (Feb) the Court of Appeal approved the analysis of Mr Justice Akenhead in SG South Ltd v Kings Head Cirencester LLP [2009] EWHC 2645 (TCC), [2010] BLR 47 (on which see..
Online Published Date:
19 March 2010
Appeared in issue:
Vol 27 No 3 - 01 March 2010
THE SCOPE OF AN ENTIRE AGREEMENT CLAUSE
One of the many issues considered by Mr Justice Ramsey in his monumental judgment in BSkyB Ltd v HP Enterprise Services UK Ltd [2010] EWHC 86 (TCC), [2010] All ER (D) 192 (Jan) was the scope of an entire agreement clause contained in the contract..
Online Published Date:
19 March 2010
Appeared in issue:
Vol 27 No 3 - 01 March 2010
LIQUIDATED DAMAGES AND FORCE MAJEURE
In Tandrin Aviation Holdings Ltd v Aero Toy Store LLC [2010] EWHC 40 (Comm), [2010] All ER (D) 111 (Jan) Mr Justice Hamblen rejected a challenge to the validity of a clause on the ground that it amounted to a penalty clause. He held that the clause..
Online Published Date:
19 March 2010
Appeared in issue:
Vol 27 No 3 - 01 March 2010