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The limits of ‘commercial common sense’
In BMA Special Opportunity Hub Fund Ltd v African Minerals Finance Ltd [2013] EWCA Civ 416 the Court of Appeal issued a reminder about the limited nature of the role played by considerations of commercial common sense in the interpretation of a..
Online Published Date:
17 December 2013
Appeared in issue:
Vol 31 No 01 - 16 December 2013
The significance of a ‘basis of contract’ clause
In Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2013] EWCA Civ 1173 the Court of Appeal held that the claimant was not entitled to make a claim under an insurance policy because it had provided incorrect information contrary..
Online Published Date:
17 December 2013
Appeared in issue:
Vol 31 No 01 - 16 December 2013
Guarantee subject to condition that it would be signed by all intended guarantors
In Harvey v Dunbar Assets plc [2013] EWCA Civ 952 the Court of Appeal held that a guarantee, on its true construction, was subject to a condition that it would be signed by all the other intended guarantors named as such in the deed and that,..
Online Published Date:
17 December 2013
Appeared in issue:
Vol 31 No 01 - 16 December 2013
Unsuccessful party to adjudication has cause of action to recover overpayment
In Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2013] EWCA 1541, [2013] All ER (D) 339 (Nov) the Court of Appeal allowed an appeal from the decision of Mr Justice Akenhead (on which see our June 2013 issue pp 4-8) and held that it was..
Online Published Date:
17 December 2013
Appeared in issue:
Vol 31 No 01 - 16 December 2013
Company voluntary arrangements and adjudication
In Westshield Ltd v Whitehouse [2013] EWHC 3576 (TCC), [2013] All ER (D) 292 (Nov) Mr Justice Akenhead considered the impact which a Company Voluntary Arrangement (‘CVA’) may have on an otherwise enforceable decision of an adjudicator...
Online Published Date:
17 December 2013
Appeared in issue:
Vol 31 No 01 - 16 December 2013