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Category Archive: Dispute Resolution

Construction

Indemnity Costs Orders – Guidance from the Court of Appeal

February 17, 2020| Construction, Construction Contracts, Dispute Resolution

In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an … read more

Construction Scene

What Amounts to ‘Reasonable Endeavours’?

February 10, 2020| Construction, Construction Contracts, Dispute Resolution

In contrast to a ‘best endeavours’ obligation, a contractual obligation to use ‘reasonable endeavours’ will generally only require a party to take one of a number of reasonable courses of action in order to discharge the obligation. In addition, a … read more

construction

Will the TCC Interfere in Ongoing Adjudications?

January 28, 2020| Adjudication, Construction, Construction Contracts, Dispute Resolution

In the case of Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd and another [2019], the court rejected an urgent application for injunctive relief attempting to prevent an adjudicator and the other party to an adjudication … read more

construction

Extension of Time Applications for Unless Orders

August 23, 2019| Construction, Construction Contracts, Dispute Resolution, Extension of Time

In Everwarm Limited v BN Rendering Limited (Rev 2) [2019], the court considered which CPR rule should apply when deciding whether to grant a last-minute application for an extension of time in which to comply with an ‘unless order’. Background … read more

construction

Fraud, Duress and Undue Influence – Guidance from the TCC

August 19, 2019| Construction, Construction Contracts, Dispute Resolution

A recent TCC decision considered the hurdles to overcome in order to prove whether agreements are executed in circumstances of fraud, duress and/or undue influence. In the recent case of Nua Facades Limited; Nua Interiors Limited; Silk Property Developments Limited … read more