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The meaning of good faith and material breach
The Court of Appeal in Compass Group UK and Ireland Ltd v Mid Essex Hospital Services NHS Trust [2013] EWCA Civ 200, [2013] All ER (D) 200 (Mar) held, allowing an appeal from a decision of Mr Justice Cranston (on which see our June 2012 issue,..
Online Published Date:
11 April 2013
Appeared in issue:
Vol 30 No 4 - 11 April 2013
Delivery up of goods ordered by court
In Generation (UK) Ltd v Advance Scaffolding Services [2012] EWHC 2646 (Ch), [2013] All ER (D) 259 (Jan) Mr Justice Arnold held that the claimant was entitled to an order of delivery up of scaffolding which the claimant had hired out to the..
Online Published Date:
11 April 2013
Appeared in issue:
Vol 30 No 4 - 11 April 2013
Good faith in the performance of a contract
In Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB), [2013] All ER (D) 227 (Feb) Mr Justice Leggatt suggested that the traditional English hostility towards a doctrine of good faith in the performance of contracts, to the..
Online Published Date:
11 April 2013
Appeared in issue:
Vol 30 No 4 - 11 April 2013
Construction contracts and residential occupiers
In Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC), [2013] All ER (D) 328 (Feb) Mr Justice Coulson held that the defendant was not entitled to resist enforcement of an adjudicator’s decision on the ground that the contract between..
Online Published Date:
11 April 2013
Appeared in issue:
Vol 30 No 4 - 11 April 2013
Retention as a security
In Relicpride Building Co Ltd v Cordara [2013] EWCA Civ 158, [2013] All ER (D) 135 (Mar) the Court of Appeal held that the purpose of a clause making provision for a retention by the employer was to give to the employer security by ensuring that..
Online Published Date:
11 April 2013
Appeared in issue:
Vol 30 No 4 - 11 April 2013
Developers, residents and the Defective Premises Act 1972
In Zennstrom v Fagot [2013] EWHC 288 (TCC), [2013] All ER (D) 287 (Feb) Mr Justice Edwards-Stuart held that the claimants had failed to establish that the defendants had acted as developers in relation to the rebuilding of the property which the..
Online Published Date:
11 April 2013
Appeared in issue:
Vol 30 No 4 - 11 April 2013