Articles - DAC Beachcroft

Articles by Harriet Hawkins

Construction Risks Newsletter - December 2020

Construction Risks Newsletter - December 2020

Welcome to the December 2020 issue of the DAC Beachcroft Construction Risks Newsletter There is a clear theme in this quarter’s newsletter - enforceme ...

Successful use of manifest injustice to resist enforcement of an adjudicator’s decision

Successful use of manifest injustice to resist enforcement of an adjudicator’s decision

This is a useful case, which illustrates, potentially a further way to resist enforcement. Facts JRT Developments Ltd v TW Dixon (Developments) Ltd [2 ...

The ‘correction’ principle cannot be used to resist enforcement of an adjudicator’s decision

The ‘correction’ principle cannot be used to resist enforcement of an adjudicator’s decision

The case of J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC) is another interesting decision which demonstrates the Court’s robust ...

Construction Risks Newsletter  - August 2020

Construction Risks Newsletter - August 2020

DAC Beachcroft's Construction Risks Newsletter features topical issues in construction Welcome to the August 2020 issue of DACB’s Construction Risks N ...

Construction adjudication is not incompatible with the insolvency process

Construction adjudication is not incompatible with the insolvency process

The highly anticipated Supreme Court decision in Bresco Electrical Services Ltd (in Liquidation) v Michael J Lonsdale [2020] UKSC 25 has endorsed the ...

COVID-19 will not put off adjudication

COVID-19 will not put off adjudication

In Millchris Developments Ltd v Waters [2020] 4 WLUK 45 the TCC has refused to grant an injunction prohibiting a home owner from proceeding with an ad ...

Payment provisions in hybrid contracts and the effect of the Construction Act

Payment provisions in hybrid contracts and the effect of the Construction Act

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited [2019] EWHC 2547 (TCC) the question for the TCC was this: Where the contrac ...

A warning to residential occupiers – when can the exemption against adjudication be thwarted?

A warning to residential occupiers – when can the exemption against adjudication be thwarted?

The recent decision of the Technology and Construction Court (TCC) in ICCT Ltd v Pinto [2019] EWHC 2134 (TCC) demonstrates circumstances in which resi ...

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 ...

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 ...