Freezing injunction obtained in respect of ongoing adjudication enforcement proceedings (Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited)
Introduction In Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited [2022] EWHC 1203 (TCC), the Technology and Construction Court granted a freezing injunction to a claimant in underlying adjudication enforcement proceedings for what is believed to be the first time. Laurence Page acted for the successful applicant. The background Liberty Homes was contracted […]
30th May 2022
Laurence Page successful in rare application for a freezing injunction in support of ongoing adjudication enforcement proceedings
The Technology and Construction Court handed down its judgment on 19 May 2022 in the case of Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited [2022] EWHC 1203 (TCC). Laurence Page represented the successful Claimant in a rare application for a freezing injunction in support of ongoing adjudication enforcement proceedings. Liberty had issued […]
20th May 2022
Enforcement of adjudicators’ decisions applying earlier decisions and the (non-existent) concept of the ‘unwaivable’ jurisdictional challenge
On 27 January 2022, Neil Dowers obtained summary judgment enforcing an adjudicator’s decision John Graham Construction Ltd v Tecnicas Reunidas UK Ltd [2022] EWHC 155 (TCC). The judgment considers the issues that arise when a second adjudicator applies an earlier adjudication decision (or judgment or arbitration award) and is alleged to have done so wrongly, and […]
7th February 2022
Webinar: 2021 in Construction Law – the year in review
On Thursday 10 February, 10.30am GMT (6.30pm HK time), The Society of Construction Law Hong Kong is hosting a morning webinar looking back over 2021 in construction law. Join the 4PC panel of silks as they review key decisions, their consequences for construction and legal professionals, and consider issues to watch in 2022. The panel consists of Sean Brannigan […]
Construction Newsletter – Case note on the Court of Appeal’s decision in Building Design Partnership Ltd v Standard Life Assurance Ltd [2021] EWCA Civ 1793
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
Bilton & Johnson (Building) Co Limited v Three Rivers Property Investments Limited [2022] EWHC 53 (TCC)
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
Webinar: SCL IT Disputes Group – Restraining Contract Termination by Injunction
In this event, organised by the SCL IT Disputes Group, Gideon Shirazi will join a panel to discuss the principles on which relief may be granted to prevent one party from terminating an IT contract, and the issues which commonly arise, including: Whether damages would be an adequate remedy for the applicant Whether granting relief […]
Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm): High Court upholds award of third-party funding costs
The recent decision of Mrs Justice Moulder DBE in a challenge to an arbitration award brought under section 68 of the Arbitration Act 1996 (“the 1996 Act”) reinforces the reluctance of the English courts to intervene in arbitration appeals. Most importantly, the decision confirms the approach taken in Essar Oilfields Services Ltd v Norscot Rig […]
11th January 2022
Building Safety Bill: what’s new?
The Bill is back in the news, and there is new activity on our blog. We review the most recent government announcements about funding for cladding problems for medium high buildings. We have a note on the progress of the Bill through the Commons Committee. There are many other articles you may find of interest, […]
10th January 2022
Sean Brannigan QC included in The Lawyer Top 20 Cases
Today The Lawyer have published their feature on the Top 20 Cases of 2022, highlighting key matters being played out in the courts this year. Featured was Northumbria Healthcare NHS Foundation Trust v Lendlease Construction (Europe) and various third parties, which Head of Chambers, Sean Brannigan QC, and Jennie Gillies are counsel for the claimants: […]
10th January 2022
Significant TCC case on JCT Final Account Provisions
On 15 September 2021, the TCC handed down judgment in CC Construction v Mincione [2021] EWHC 2502 (TCC), a case deciding a number of important points about the operation of the final account provisions in JCT contracts, and on adjudication enforcement. Gideon Shirazi acted for the successful employer. Notice of Making Good and Final Account […]
30th September 2021
Severability of adjudicators’ decisions, and genuine belief in sum stated as due in payment notices
Construction analysis: In Downs Road v Laxmanbhai, the Technology and Construction Court provided important guidance on when an adjudicator’s decision may and may not be severed, so as to preserve the enforceable parts of an award which has been found to be unenforceable in part. The case also provides an example of an adjudicator’s decision […]
13th September 2021
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