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Arbitration – Arbitration Act 1996, section 68 – Fairness and impartiality – Loan agreement – Extensions allegedly agreed by oral agreement – No relevant documentary evidence – Only witness evidence available – Challenge on key evidential differences needed in cross-examination – Serious irregularity – Substantial injustice.
06 Sep 2019
Adjudication enforcement – Summary judgment – Breach of natural justice – Allegation that adjudicator decided the matter on a basis not advanced by or canvassed with the parties – Allegation of failure to consider a defence.
06 Sep 2019
Part 36 – Validity of offer – Counterclaim yet to be pleaded – Provision as to the rate of interest to be charged after the end of the relevant period.
06 Sep 2019
Public procurement – Abandonment of procurement – Whether abandonment lawful – Whether abandonment extinguished damages claim by unsuccessful tenderer – Whether unsuccessful tenderer had suffered loss and damage even though procurement abandoned.
06 Sep 2019
Adjudication – Insolvency – Company Voluntary Arrangement (“CVA”) – Enforcement of adjudicator's decision issued before enforcing company enters into a CVA – Partial and full stays of enforcement – Payment into court of amount determined by adjudicator.
06 Sep 2019
Tort – Negligence – Duty of care – Pure economic loss – Claims against contractor – Known dangerous defects – Whether claim available for cost of rectifying defects posing danger to persons other than the occupant. – Limitation periods – Accrual of cause of action – Defective Premises Act 1972 – Misrepresentation Act 1967, section 2(1). – NHBC Buildmark warranty – Availability of claims under NHBC Buildmark warranty, sections 3 and 4. – Procedure – Statements of case – Whether claim for negligent misstatement pleaded – Whether breach of Building Regulations pleaded.
04 Jul 2019