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Application for payment held to be invalid
Online Published Date : 31 December 2020 | Appeared in issue: Vol 38 No 01 - 31 December 2020
In RBG Plastering Ltd v Tawe Drylining and Plastering Ltd [2020] EWHC 3028 (TCC) HH Judge Jarman QC, sitting as a judge of the High Court, held that the claimant was entitled to a declaration that the defendant’s application for payment was invalid..
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Arbitrations, multiple references and apparent bias
Online Published Date : 31 December 2020 | Appeared in issue: Vol 38 No 01 - 31 December 2020
In Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 the Supreme Court, in a wide-ranging judgment, dismissed an appeal from the decision of the Court of Appeal (on which see our July 2018 issue, pp 10–12) and held that the fair-minded and..
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The meaning of “default”
Online Published Date : 31 December 2020 | Appeared in issue: Vol 38 No 01 - 31 December 2020
In ABC Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645, the Court of Appeal held that the word “default” meant any failure by the contractor to comply with its obligations under the contract (and in so concluding dismissed..
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Failure to consider a defence a breach of natural justice
Online Published Date : 31 December 2020 | Appeared in issue: Vol 38 No 01 - 31 December 2020
In Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 (TCC) O’Farrell J held that the claimant was not entitled to enforce the decision of an adjudicator because the adjudicator had breached the principles of natural justice in that he had..