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Mutual trust and co-operation in the new engineering contract
In Van Oord UK Ltd v Dragados UK Ltd [2021] CSIH 50 the Inner House of the Court of Session held that cl 10.1 of the third revision of the New Engineering Contract, which imposed on the parties an obligation to act “in a spirit of mutual trust and..
Online Published Date:
15 November 2021
Appeared in issue:
Vol 38 No 10 - 15 November 2021
Insolvency and adjudication again
The Court of Appeal in John Doyle Construction Ltd (in liquidation) v Erith Contractors Ltd [2021] EWCA Civ 1452 dismissed an appeal from the decision of Fraser J (on which see our November 2020 issue, pp 1–6) and held that the claimant, a company..
Online Published Date:
15 November 2021
Appeared in issue:
Vol 38 No 10 - 15 November 2021
Keep open covenants in Scots law
In Sapphire 16 SARL (formerly known as Orion IV European 16 SAR) v Marks & Spencer plc [2021] CSOH 103 Lord Braid held that the defender had failed to comply with the terms of an interim court order which required it to keep its store open for..
Online Published Date:
15 November 2021
Appeared in issue:
Vol 38 No 10 - 15 November 2021
Dispute relating to non-payment of three invoices held to be a single dispute
In Quadro Services Ltd v Creagh Concrete Products Ltd [2021] EWHC 2637 (TCC) Her Honour Judge Sarah Watson granted summary judgment in order to enforce the decision of an adjudicator and rejected the defendant’s submission that the adjudicator..
Online Published Date:
15 November 2021
Appeared in issue:
Vol 38 No 10 - 15 November 2021