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Failure to take account of early possession did not render clause a penalty
In Eco World – Ballymore Embassy Gardens Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC) O’Farrell J held that an agreed damages clause in a construction contract was valid and enforceable notwithstanding the fact that the contract contained no mechanism..
Online Published Date:
13 October 2021
Appeared in issue:
Vol 38 No 09 - 13 October 2021
The scope of lawful act duress
In Pakistan International Airlines Corporation v Times Travel (UK) Ltd [2021] UKSC 40 the Supreme Court held that English law recognises a doctrine of lawful act duress, albeit the scope of the doctrine is very narrow. The Supreme Court also took..
Online Published Date:
13 October 2021
Appeared in issue:
Vol 38 No 09 - 13 October 2021
The validity of a payment notice, breach of natural justice and severance
In Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) His Honour Judge Eyre QC held that a payment notice issued by an employer was invalid because it was in the nature of a holding device and it could not..
Online Published Date:
13 October 2021
Appeared in issue:
Vol 38 No 09 - 13 October 2021