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CPR 17.4, amendments, and limitation
In Mulalley & Co Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 the Court of Appeal dismissed an appeal from a decision of Pepperall J in which he gave permission to the claimant under r17.4 of the Civil Procedure Rules to amend its claim after the..
Online Published Date:
30 March 2022
Appeared in issue:
Vol 39 No 03 - 30 March 2022
Express termination clauses to be interpreted strictly
In Struthers v Alastair Davies (t/a Alastair Davies Building) [2022] EWHC 333 (TCC) it was held that the claimants had not been entitled to terminate their contract with the defendant pursuant to an express term of the contract because the..
Online Published Date:
30 March 2022
Appeared in issue:
Vol 39 No 03 - 30 March 2022
Limitation periods, amendment and substitution of parties
In Cameron Taylor Consulting Ltd and Cameron Taylor One Ltd v BDW Trading Ltd [2022] EWCA Civ 31 the Court of Appeal refused permission to the claimant to amend its claim in order to add an additional defendant because it was reasonably arguable..
Online Published Date:
30 March 2022
Appeared in issue:
Vol 39 No 03 - 30 March 2022
Entitlement of adjudicator who resigned to recover fees
In Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd [2022] EWCA Civ 153 the Court of Appeal held that the claimant was entitled to summary judgment in order to recover from the defendant, one of the parties to an adjudication, the..
Online Published Date:
30 March 2022
Appeared in issue:
Vol 39 No 03 - 30 March 2022