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The meaning of “demolition”
In Clin v Walter Lilly & Co Ltd [2021] EWCA Civ 136 the Court of Appeal dismissed an appeal from the decision of Waksman J and held that, when determining whether construction works amount to a “demolition” for the purposes of s74(1) of the..
Online Published Date:
23 March 2021
Appeared in issue:
Vol 38 No 03 - 23 March 2021
Expert witnesses, fiduciary duties and the terms of their retainers
In Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6, the Court of Appeal dismissed an appeal from the decision of O’Farrell J ([2020] EWHC 809 (TCC), [2020] BLR 433, on which see our May 2020 issue pp 9-11) and confirmed that the..
Online Published Date:
23 March 2021
Appeared in issue:
Vol 38 No 03 - 23 March 2021
Adjudication and exclusive jurisdiction clauses
In Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC), Judge Hodge QC held that the defendant was not entitled to resist enforcement of the decision of an adjudicator on the ground that the court had no jurisdiction to make the..
Online Published Date:
23 March 2021
Appeared in issue:
Vol 38 No 03 - 23 March 2021
Allocation of losses caused by Covid-19
In Westminster City Council v Sports and Leisure Management Ltd [2021] EWHC 98 (TCC), Kerr J held that, on a proper interpretation of the contract between the parties, the management fee payable to the claimant could be reduced to zero in the light..
Online Published Date:
23 March 2021
Appeared in issue:
Vol 38 No 03 - 23 March 2021