In Peabody Trust v National House Building Council [2024] EWHC 2063 (TCC), the High Court (TCC; Andrew Mitchell KC sitting as Deputy Judge of the High Court) handed down an important decision on when an insured’s cause of action under the NHBC Buildmark policy providing cover for contractor insolvency before practical completion arises. The judgment […]
16th August 2024
On Friday 15 December 2023, HHJ Stephen Davies (sitting as a Judge of the High Court) handed down judgment following an application for reverse summary judgment brought by the defendant structural engineers in the case of Glovers v Fluid [2023] EWHC 3219 (TCC). The Claimants’ claims are for two types of loss: (1) expenditure […]
18th December 2023
The Court of Appeal has given FK Construction permission to appeal both decisions of Adrian Williamson KC sitting as a Judge of the High Court in the widely reported decisions between FK Construction v ISG Retail (at neutral citation numbers [2023] EWHC 1718 (TCC) and [2023] EWHC 2012 (TCC)). The appeals relate primarily to (i) […]
12th December 2023
Yesterday evening, Mek Mesfin spoke on a panel at a Gray’s Inn hosted event ‘Pathways to the Bar: Diverse Perspectives’. An amazing panel of barristers from groups and backgrounds that are currently under-represented at the Bar, discussed their experience of entering and succeeding in the profession, the support available to prospective students, and diversity at […]
Yesterday, the TCC handed down judgment in the long running dispute regarding default payee notices ‘ISG Retail Limited V FK Construction Limited [2023] EWHC 2012’. It concerns default payee notices under s110B(4) of the Construction Act, and the restitution of sums paid under an adjudicator’s decision that is later found by the Court to have […]
3rd August 2023
1. By an adjudicator’s decision dated 27 February 2023, Mr Allan Wood decided that ISG’s pay less notice in response to FK’s application for payment 16 was invalid and therefore a sum of £1,691,679.94 plus interest was due and owing to FK (the “Wood Decision”). ISG did not comply with the Wood Decision. FK issued […]
5th May 2023
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
4 Pump Court are delighted to welcome Mek Mesfin to Chambers with effect from 24th May. Mek practises in commercial dispute resolution, with particular expertise in insurance & reinsurance, professional indemnity, construction, energy & infrastructure, arbitration, property damage, sale of goods, product liability, insolvency and jurisdictional/conflict of law disputes. Heads of Chambers, Nick Vineall KC […]
17th May 2021
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