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, was counsel for the claimants: Northumbria Healthcare NHS […]
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
Launch Party for Architect’s Legal Handbook
Following publication earlier this year of the 10th Edition of the Architect’s Legal Handbook, contributors, academics and industry professionals gathered at the RIBA to celebrate its launch with Mrs Justice O’Farrell DBE, Judge in Charge of the TCC, who spoke to welcome its publication. The handbook is co-edited by 4 Pump Court’s Anthony Speaight QC […]
9th September 2021
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
Building Safety Bill
The Building Safety Bill will be in the news over the next few months as it proceeds through Parliament. 4 Pump Court will be following the progress of the Bill and providing notes on it, both as it stands and as it changes. The Bill is concerned with fire safety but it is not limited […]
22nd July 2021
Assign of the times? JCT clause 7.2
TCC strikes out wrongly assigned claim Aviva Investors and others -v- Shepherd Construction Ltd [2021] EWHC 1921 (TCC) The TCC (Jefford J) has had to consider the longstanding but little used JCT provision permitting an employer to assign the right to bring proceedings in the employer’s name to a purchaser of the building. James Leabeater […]
9th July 2021
Who’s Who Legal Rankings 2021
We are delighted to have been ranked in the Who’s Who Legal 2021 Guides. Those below have been recognised for their expertise in the following areas: Arbitration Nicholas Vineall QC – National Guide Rachel Ansell QC – National Guide Civil Fraud Nigel Tozzi QC – National Leader Construction Sean Brannigan QC – Global Guide and […]
4th June 2021
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