i-law

Building Law Monthly

Adjudicator took erroneously restrictive view of jurisdiction

In Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC) His Honour Judge Keyser KC, sitting as a Judge of the High Court, held that an adjudicator had been correct to conclude, as a matter of interpretation of the contract between the parties, that..
Online Published Date:  18 June 2024
Appeared in issue:  Vol 41 No 06 - 18 June 2024

The limits of Part 8

The decision of Pepperall J in TClarke Contracting Ltd v Bell Build Ltd [2024] EWHC 992 (TCC) is a further illustration of the limits of Part 8 in so far as it was held that the proceedings were "plainly inappropriate" for Part 8 given that the..
Online Published Date:  18 June 2024
Appeared in issue:  Vol 41 No 06 - 18 June 2024

Adjudication and "clerical errors"

In McLaughlin & Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC) Mr Adrian Williamson KC, sitting as a Deputy Judge of the High Court, held that the changes made by an adjudicator to his decision went beyond the mere correction of "clerical errors"..
Online Published Date:  18 June 2024
Appeared in issue:  Vol 41 No 06 - 18 June 2024

Nuisance, knotweed, diminution in value and factual causation

In Davies v Bridgend County Borough Council [2024] UKSC 15, the Supreme Court allowed an appeal from the decision of the Court of Appeal and held that the claimant was not entitled to recover damages in respect of what was claimed to be the residual..
Online Published Date:  18 June 2024
Appeared in issue:  Vol 41 No 06 - 18 June 2024

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