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Expert determination and "manifest error"
In WH Holding Ltd v E20 Stadium LLP [2025] EWHC 140 (Comm); [2025] BLR 150 Mr Paul Mitchell KC, sitting as a Deputy High Court Judge, held that an expert appointed by the parties to determine an issue had made two errors in reaching his..
Online Published Date:
29 May 2025
Appeared in issue:
Vol 42 No 5 - 29 May 2025
The interpretation of a settlement agreement
In Dragados UK Ltd v Port of Aberdeen [2025] CSOH 37, Lord Sandison held that the terms of an indemnity provision in a Settlement Agreement entered into between the parties had not been satisfied with the consequence that the pursuer was not..
Online Published Date:
29 May 2025
Appeared in issue:
Vol 42 No 5 - 29 May 2025
Adjudication: one contract or two?
In Lapp Industries Ltd v 1st Formations Ltd [2025] EWHC 943 (TCC) Adrian Williamson KC, sitting as a Deputy Judge of the High Court, held that an adjudicator did have jurisdiction to make the decision which she had made and that she had not breached..
Online Published Date:
29 May 2025
Appeared in issue:
Vol 42 No 5 - 29 May 2025
Assignee not entitled to enforce decision of adjudicator
In Grove Construction (London) Ltd v Bagshot Manor Ltd [2025] EWHC 591 (TCC), District Judge Baldwin held that the claimant was not entitled to enforce the decision of an adjudicator because the parties to the adjudication were not the parties to..
Online Published Date:
29 May 2025
Appeared in issue:
Vol 42 No 5 - 29 May 2025
Conditions precedent and notification obligations
In Disclosure and Barring Service v Tata Consultancy Services Ltd [2025] EWCA Civ 380, the Court of Appeal held that the claimant was not entitled to bring a claim for delay payments because it had failed to issue a non-conformance report (NCR)..
Online Published Date:
29 May 2025
Appeared in issue:
Vol 42 No 5 - 29 May 2025
Architects, construction errors and design errors
In MJS Projects (March) Ltd v RPS Consulting Services Ltd [2025] EWHC 831 (TCC), Her Honour Judge Kelly, sitting as a Judge of the High Court, held that the defendant architects were not liable in damages to the claimant because the loss in respect..
Online Published Date:
29 May 2025
Appeared in issue:
Vol 42 No 5 - 29 May 2025