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Building Law Monthly

Adjudication and natural justice

In Van Oord UK Ltd v Dragados UK Ltd [2022] CSOH 30, Lord Braid reduced the decision of an adjudicator on the ground that the adjudicator was in material breach of the principles of natural justice in not giving to the parties an opportunity to..
Online Published Date:  20 May 2022
Appeared in issue:  Vol 39 No 05 - 20 May 2022

Competing adjudications and stay of execution

In RHP Merchants and Construction Ltd v Treforest Property Co Ltd HT-2021-000261, Mr Roger Stewart QC, sitting as a judge of the High Court, exercised his power under r3.1(2)(f) of the Civil Procedure Rules in order to grant to the claimant a stay..
Online Published Date:  20 May 2022
Appeared in issue:  Vol 39 No 05 - 20 May 2022

Excluding liability for wasted expenditure

In Soteria Insurance Ltd (formerly CIS General Insurance Ltd) v IBM UK Ltd [2022] EWCA Civ 440, the Court of Appeal held that the words “loss of profit, revenue, savings” were not apt to exclude liability in respect of a claim for wasted..
Online Published Date:  20 May 2022
Appeared in issue:  Vol 39 No 05 - 20 May 2022

“True value” adjudications: same or substantially similar dispute?

In Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC), O’Farrell J held that the claimant was entitled to enforce by way of summary judgment the decision of an adjudicator. The defendant had sought to rely on a number of defences to the..
Online Published Date:  20 May 2022
Appeared in issue:  Vol 39 No 05 - 20 May 2022

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Online Published Date:  20 May 2022
Appeared in issue:  Vol 39 No 05 - 20 May 2022

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