Articles - DAC Beachcroft

Articles

May 2019

The slip rule – how far does it go?

The slip rule – how far does it go?

The recent decision in Axis M&E UK Ltd & Anor v Multiplex Construction Europe Ltd [2019] EWHC 169 (TCC) has provided a useful review of the ca ...

Third party rights: Chudley & Ors v Clydesdale Bank PLC

Third party rights: Chudley & Ors v Clydesdale Bank PLC

The recent judgment handed down by the Court of Appeal in Chudley & Ors v Clydesdale Bank PLC [2019] EWCA Civ 344 is of particular interest as the ...

The dangers of defective record keeping – Freeborn & Goldie v Marcal

The dangers of defective record keeping – Freeborn & Goldie v Marcal

The recent decision in Freeborn & Goldie v Dan Marcal Architects [2019] EWHC 454 (TCC) is a stark reminder for construction professionals of the i ...

Risk of dissipation – upheld as a principle for granting a stay of execution

Risk of dissipation – upheld as a principle for granting a stay of execution

The recent Court of Appeal decision in Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695 has upheld the first instance decision which ...

Challenging the jurisdiction of an adjudicator – update

Challenging the jurisdiction of an adjudicator – update

The case of Hitachi Zosen Inova AG v John Sisk & Son Ltd, has provided clarification when challenging the jurisdiction of an adjudicator, where it ...

What constitutes “Practical Completion” considered in (1) Mears Ltd v Costplan Services (South East) Ltd and others; and (2) University of Warwick v Balfour Beatty

What constitutes “Practical Completion” considered in (1) Mears Ltd v Costplan Services (South East) Ltd and others; and (2) University of Warwick v Balfour Beatty

A fundamental but often overlooked principle of any agreement relating to works is what constitutes “practical completion”. Most standard forms fail t ...

Liquidated Damages post termination

Liquidated Damages post termination

In 2012, TPT a supplier of software used in commodities trading was engaged by PTT, a commodities trader, to provide a new software system for trading ...

Construction Risk Newsletter - May 2019

Construction Risk Newsletter - May 2019

Since our last edition, there has been some useful and relevant precedent set down by the various Courts.  In particular the Courts have sought to gra ...

Class Actions in the English Courts - Update

Class Actions in the English Courts - Update

There have been two interesting recent decisions in the English courts which cast an interesting light on the English judiciary’s approach to collecti ...

Court of Appeal rejects novel arguments raised by banking customer in mis-selling litigation against bank

Court of Appeal rejects novel arguments raised by banking customer in mis-selling litigation against bank

The recent Court of Appeal decision in Elite Property Holdings Ltd & Another v Barclays Bank Plc is another instance of the court refusing to ente ...