Supreme Court grants permission to appeal in Providence Building Services Limited v Hexagon Housing Association Limited on an important issue concerning termination provisions in JCT Design and Build Form 2016 Following on from the Court of Appeal’s judgment in the above case on which I produced a note in August of last year (See: Court […]
7th January 2025
Introduction 1. The Freehold and Leasehold Reform Act 2024 (“FLRA”) received much media attention for the changes it introduced in relation to leaseholder rights. However, the Act (which was passed just before the prorogation of Parliament in May prior to the General Election) also introduced some important amendments to the Building Safety Act 2022 (“BSA”), […]
12th November 2024
Helen Dennis has recently been selected as a TECBAR member of the London TCC Users’ Committee. The Judge in Charge (Mr Justice Waksman) chairs meetings of the London TCC Users’ Committee. The committee is made up of representatives of the London TCC judges as well as representatives of TECBAR, TECSA and the SCL.
10th October 2024
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
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