Court of Appeal judgment handed down in Providence Building Services Limited v Hexagon Housing Association Limited: Important further clarification of Contractor’s right of termination in the JCT 2016 D&B Contract Following on from the High Court judgment in Providence Building Services Limited v Hexagon Housing Association Limited on which Helen Dennis produced a note in […]
22nd August 2024
In an ex tempore judgment handed down by Mr Adrian Williamson KC (sitting as a judge of the High Court) on 7 November 2023, the Technology and Construction Court provided important clarification as to the effect of certain of the termination provisions included in the widely-used JCT Design and Build Contract 2016. The decision will […]
16th November 2023
Members of 4 Pump Court very much look forward to attending the TCC 150 Gala Dinner tonight, at The Grand Connaught Rooms. The dinner, organised by the Society of Construction Law, follows a Day Conference on ‘The Future of Construction Law and Dispute Resolution’ at Kings College London. Helen Dennis will be participating in the […]
Guidance on pleading and proving sampled or extrapolated claims Summary 1. Construction lawyers will be familiar with the use of sampling and extrapolation in presenting evidence to prove claims. They are commonly used, for example, in defects cases. The question for the Court of Appeal in this case, however, was whether a party could, in […]
28th January 2022
In a decision handed down on 14 January 2022 the TCC allowed a contractor’s application for summary judgment to enforce an adjudicators’ decision dated 2 September 2021. It rejected the defendant employer’s arguments that the decision had been made in excess of jurisdiction and/or breach of natural justice and/or that the adjudicator failed to exhaust […]
26th January 2022
In April of this year, the High Court gave judgment in the case of Shapoorji Pallonji & Company Private Ltd v Yumn Ltd & Standard Chartered Bank [2021] EWHC 862 (Comm). This was an important decision on the operation of demand bonds, in the broader context of international arbitration. Simon Hale of 4 Pump Court appeared […]
25th August 2021
London International Shipping Week 2021 is a week long global shipping and maritime event that is being held during the week of September 13-17, in person and virtually, attracting audiences from jurisdictions globally. LISW21 offers over 150 industry functions and unique networking opportunities for leaders across all sectors of the international shipping industry – regulators, charterers, […]
The Supreme Court handed down its judgment in the case of Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 today, 16 July 2021. The case concerned a dispute which had arisen between Triple Point (a designer and developer of software) and PTT (a commodities trader). PTT had appointed Triple Point under […]
16th July 2021
Introduction 1. On 18 May 2021 the Court of Appeal handed down its judgment in the case of Septo Trading Inc v Tintrade Limited [2021] EWCA Civ 718. While the case does not change the law, it provides a helpful outline as to the approach to be taken to interpreting alleged inconsistencies between bespoke terms […]
27th May 2021
Introduction and background The ICC Arbitration Rules permit parties to seek interim relief before courts in support of an arbitration. But it is a breach of any exclusive arbitration clause to seek a substantive ruling from a court on issues which should be referred to an arbitration. Where, then, is the dividing line between interim […]
12th November 2020
Demand guarantees, strict compliance, and preclusion: Qatar Financial Centre Court of Appeal upholds enforcement of guarantees and provides guidance on the interpretation and application of the URDG. Key points The Court of Appeal of the Qatar Financial Centre (part of the Qatar International Court and Dispute Resolution Centre) has decided its first case relating to […]
13th May 2020
Following the 2019 TECBAR AGM on 18th July, we are pleased to announce that Rachel Ansell KC has been appointed as Chair of TECBAR (the Technology and Construction Bar Association). This follows two years of Rachel sitting as Vice-Chair. Helen Dennis will also continue as a TECBAR committee member for a further term of two […]
19th July 2019
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