Wakefield Office

17 Navigation Court
Calder Park
Wakefield
West Yorkshire
WF2 7BJ
Tel: 01924 258719
Fax: 01924 257666
enquiries@hklegal.co.uk

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28 Queen Street
London
EC4R 1BB
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Latest News

construction

Challenging Disallowed Cost

July 16, 2019| Construction, Construction Contracts, Disallowed Cost, Dispute Resolution

Subtle differences in the interpretation of a contract can have a significant impact on the rights and obligations of the parties. In the recent case of Network Rail Infrastructure Limited (“Network Rail”) v ABC Electrification Limited (“ABC”), over £13million potentially … read more

Construction

Can an Employer Pay a Sub-Contractor Direct and Recover the Payment from the Contractor?

July 10, 2019| Arbitration, Construction Contracts, Payment

In the recent arbitration appeal case of Nobiskrug GMBH (“Nobiskrug”) v Valla Yachts Limited (“Valla”), two interesting issues were remitted to the tribunal for further consideration relating to the recovery of sums via damages and undue enrichment. Background Nobiskrug was … read more

When Does an Adjudicator’s Error Amount to a Breach of Natural Justice?

July 3, 2019| Adjudication, Construction Contracts, Enforcement

One of the few grounds available for resisting the enforcement of an adjudicator’s decision is a claim of breach of the rules of natural justice. In the case of JJ Rhatigan & Co (UK) Limited (“Rhatigan”) v Rosemary Lodge Developments … read more

Construction

Adjudication Enforcement – Fraud and Stays of Execution

May 7, 2019| Adjudication, Construction Contracts, Dispute Resolution, Enforcement

In the most recent instalment of proceedings between Grandlane Developments Limited (“Grandlane”) and Skymist Holdings Limited (“Skymist”), following its unsuccessful challenge as to the validity of the adjudicator’s appointment, Skymist sought to resist enforcement of the adjudicator’s decision on the … read more

construction

Resisting Enforcement of an Adjudicator’s Decision – The Fraud Defence

April 29, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

Attempts to resist enforcement of adjudication decisions by alleging they were procured by fraud are becoming more common, PBS Energo A.S v Bester Generacion UK Limited [2019] was “one of those rare adjudication cases” whereby the defence was successful and … read more