FK v ISG: Court of Appeal grants FK Construction permission to appeal in both decisions

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

TCC hands down judgment in ‘ISG Retail Limited V FK Construction Limited [2023] EWHC 2012’

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

Judgment handed down in an appeal which raised issues of wider importance for the QFC and Qatari law- Simon Hale

Simon Hale appeared on behalf of the defendant bank in an appeal against a first instance decision in the Civil and Commercial Court of the Qatar Financial Centre (the “QFC”), which raised issues of wider importance for the QFC and Qatari law. Background In 2014-2015, the Government of Qatar introduced a policy to provide better […]

25th July 2023

Judgment handed down in Vinci Construction UK Ltd v (1) Eastwood and Partners (Consulting Engineers) Ltd (2) Snowden...

This morning, the Technology and Construction Court handed down judgment in Vinci Construction UK Ltd v (1) Eastwood and Partners (Consulting Engineers) Ltd (2) Snowden Seamless Floors Ltd v GHW Consulting Engineers Ltd. The case concerned cracking in a floor slab at a large warehouse in Bradford. The judgment considers principles set out in the […]

24th July 2023

4 Pump Court shortlisted in 13 categories for The Legal 500 Bar Awards 2023

We are honoured to have been shortlisted in 13 categories for The Legal 500 Bar Awards including 12 individual nominations for members of 4 Pump Court. This demonstrates the exceptional talent within Chambers, across a range of practice areas. Set nominations: Set of the year Construction and energy set of the year Financial services and insurance […]

12th July 2023

FK Construction Limited v ISG Retail Limited Judgment handed down

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

4 Pump Court recognised in The Legal 500 Europe, Middle East & Africa Guide 2023

15 members of Chambers have been recognised for their work in the Middle East region spanning across the areas of commercial and construction. For commercial, Laurence Page is ranked tier 1 and Gideon Shirazi is ranked tier 2. For construction, 4 Pump  Court has again been ranked a tier 1 leading set. Legal 500 highlight […]

12th April 2023

TCC hands down judgment in (1) Avantage (Cheshire) Limited (2) Cheshire East Borough Council (3) Your housing limited...

Yesterday, the Technology and Construction Court handed down a judgment in the ongoing litigation in (1) Avantage (Cheshire) Limited (2) Cheshire East Borough Council (3) Your housing limited – and – (1) GB Building Solutions Limited (in administration) (2) PRP Architects Holdings Limited (4) Prestoplan Limited (5) WSP UK Limited (6) Mascot Management Limited [2023] […]

6th April 2023

Fiona Sinclair KC and Simon Hale successful in Sheffield Teaching Hospital Foundation Trust v (i) Hadfield Healthcare...

Yesterday, the Technology and Construction Court handed down summary judgment in Sheffield Teaching Hospital Foundation Trust v (i) Hadfield Healthcare Partnerships Limited (ii) Kajima Construction Europe (UK) Limited (iii) Veolia Energy & Utility Services UK PLC [2023] EWHC 644 (TCC). Fiona Sinclair KC and Simon Hale (instructed by Clyde & Co) successfully represented Hadfield Healthcare […]

23rd March 2023

Demand Bonds and International Arbitration: The Autonomy Principle Stands Tall

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

Simon Hale obtains dismissal of £10 million TCC claim for Breach of the CPR

LSREF 3 Tigerfalkirk Limited I S.a.r.l v Paragon Building Consultancy Ltd [2021] EWHC 2063 (TCC) Simon Hale has successfully secured the dismissal of a £10 million claim relating to allegedly defective structural foundations of a shopping centre car park in Scotland. In a hearing before Mr Justice Fraser in the TCC, Simon obtained declarations that […]

27th July 2021

Case Note on Septo Trading Inc v Tintrade Limited: Interpretation of alleged inconsistencies between bespoke terms and...

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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