Alex Hickey KC successful in Northumbrian Water Ltd v Doosan Enpure & Anor [2022] EWHC 2881 (TTC)
Alexander Hickey KC appeared for the successful claimant in Northumbrian Water Ltd v Doosan Enpure & Anor [2022] EWHC 2881 (TCC) (14 November 2022), the second case this year to consider whether an arbitration clause in a construction contract required the parties to refer any issues as to enforceability of an adjudication award. The claimant […]
21st November 2022
Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC)
On 17 October 2022, the Court handed down its judgment in Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC). Lynne McCafferty KC acted for the successful defendant. The case concerned a project for the construction of a new bus station in Blackburn. In 2014 Thomas Barnes […]
24th October 2022
Nominations for the Chambers Bar Awards 2022
We are delighted to announce that 4 Pump Court has been shortlisted for three awards at the Chambers Bar Awards 2022 both as a set and individual members. Our nominations are: Construction Silk of the Year – Rachel Ansell QC Construction Set of the Year International Arbitration Set of the Year Winners of the awards will […]
1st September 2022
TCC rules on arbitrability of adjudication enforcement disputes and notices of dissatisfaction
In Sefton MBC v Allenbuild [2022] EWHC 1443 (TCC), the TCC handed down judgment giving the latest word in the debate around the arbitrability of adjudication enforcement. Gideon Shirazi acted for Allenbuild. In 2005, Sefton MBC engaged Allenbuild under an NEC2 contract to build a waterpark known as Dunes Splash World. Over 12 years later, […]
26th August 2022
TCC ruling on the S&T rule
In AM Construction v The Darul Amaan Trust [2022] EWHC 1478 (TCC), the TCC gave judgment on an adjudication enforcement dispute involving the rule in S&T v Grove and issues around the delivery of a notice of adjudication. Gideon Shirazi acted for the successful contractor obtaining negative declarations about enforcement. The S&T rule In S&T […]
11th August 2022
Legal 500 Awards Nominations 2022
We are delighted to share that 4 Pump Court has been shortlisted in 10 categories at The Legal 500 2022 Awards. Junior of the year – Luke WygasConstruction and Energy junior of the year – James BowlingConstruction and Energy set of the yearConstruction and Energy silk of the year – Sean Brannigan KCFinancial Services and Insurance junior of the year […]
6th July 2022
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
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