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Latest News


Adjudication: What if a Company is in Liquidation?

August 7, 2018| Adjudication

Companies in liquidation have typically encountered difficulties in seeking to enforce an adjudicator’s decision in their favour. In the recent case of Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) the court addressed whether a company … read more

Hawkswell Kilvington shortlisted for Niche Law Firm of the Year at the Yorkshire Legal Awards 2018

August 2, 2018| Firm News

We are delighted to announce that Hawkswell Kilvington has been shortlisted for the Niche Firm of the Year award at the Yorkshire Legal Awards 2018. The annual Yorkshire Legal Awards recognise the most successful law firms and best legal talent … read more


Concurrent Delay: Allocating the Risk

July 31, 2018| Construction Contracts

Last year, it was held in North Midland Building Ltd v Cyden Homes Ltd that the prevention principle did not take precedence over freedom of contract. North Midland Building Ltd (“NMB”) appealed and the case was brought before the Court … read more

Contract Interpretation: Terms Will Not Be Implied Simply Because It May Appear Fair To Do So

July 24, 2018| Construction, Construction Contracts, Design, Dispute Resolution, Engineering

The test for implying contractual terms was set out by the Supreme Court in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd. Whilst that case settled what the test is, the application of that test … read more


Can a Party Set-Off Against an Adjudicator’s Decision?

July 18, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering, Payment

Disputes regarding set-off against an adjudicator’s award are rare in enforcement proceedings. However, in the recent case of MI Electrical Solutions Limited (“MI”) v Elements (Europe) Limited (“Elements”) the court considered this very point. The decision highlights the difficulties which … read more