Articles - DAC Beachcroft

Articles by Dominic Kemp

Summary justice?

Summary justice?

How do you convince a claimant to abandon a claim to which you believe you have a strong defence? With the present QOCS regime favouring the claimant, ...

Three into one: multiple payment applications deemed a single dispute

Three into one: multiple payment applications deemed a single dispute

Executive Summary 1. Under the Housing Grants, Construction and Regeneration Act 1996 (“Construction Act”), a party may refer “a dispute” that ar ...

Final Date for Payment: Time to revisit Payment Terms

Final Date for Payment: Time to revisit Payment Terms

Executive Summary 1. In Rochford Construction Ltd v Kilhan Construction Ltd [2020] EWHC 1947 (TCC), the Court confirmed, albeit on a obiter basis, tha ...

Jurisdictionally challenged

Jurisdictionally challenged

Executive Summary 1. In Flexidig Limited v M&M Contractors (Europe) Limited [2020] EWHC 847 (TCC), the Sub-Contractor (Flexidig) applied to the co ...

The Court of Appeal provides guidance on the proper interpretation of clauses exempting liability for loss or force majeure clauses

The Court of Appeal provides guidance on the proper interpretation of clauses exempting liability for loss or force majeure clauses

Executive Summary 1. The decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102, 2019 WL 02617095 has implications for parti ...