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Unjust enrichment claim not inconsistent with contract
In Barton v Gwyn-Jones [2019] EWCA Civ 1999, the Court of Appeal held that to permit the claimant to bring a claim in unjust enrichment was not to subvert the contractual allocation of risk, nor was it inconsistent with the terms of the contract..
Online Published Date:
19 December 2019
Appeared in issue:
Vol 37 No 01 - 19 December 2019
No claim in contract or unjust enrichment
In Munkenbeck and Marshall v The Vinyl Factory Ltd [2019] EWHC 3225 (TCC), Mr Adam Constable QC held that the claimants were not entitled as a matter of contract law to recover a fee of 8% of the construction costs for the work which it had..
Online Published Date:
19 December 2019
Appeared in issue:
Vol 37 No 01 - 19 December 2019
Relief from forfeiture and possessory rights
In Vauxhall Motors Ltd (formerly General Motors UK Ltd) v Manchester Ship Canal Co Ltd [2019] UKSC 46, [2019] 3 WLR 852, the Supreme Court held that the jurisdiction to grant relief from forfeiture of rights relating to land did extend to possessory..
Online Published Date:
19 December 2019
Appeared in issue:
Vol 37 No 01 - 19 December 2019
Adjudication, severance and single disputes
In Dickie & Moore Ltd v Ronald James McLeish, Mrs Diane McLeish and Catriona Watt as Trustees of The Lauren McLeish Discretionary Trust (No 2) [2019] CSOH 87, Lord Doherty held that there was no rule of law that severance cannot be granted in a..
Online Published Date:
19 December 2019
Appeared in issue:
Vol 37 No 01 - 19 December 2019
Dispute resolution provision held to operate as a condition precedent to litigation
In Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC), [2019] BLR 576, O’Farrell J held that the framework agreement between the parties contained a dispute resolution procedure that operated as a condition precedent to the..
Online Published Date:
19 December 2019
Appeared in issue:
Vol 37 No 01 - 19 December 2019