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The meaning of “demolition”
Online Published Date : 23 March 2021 | Appeared in issue: Vol 38 No 03 - 23 March 2021
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..
Building Law Monthly
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Expert witnesses, fiduciary duties and the terms of their retainers
Online Published Date : 23 March 2021 | Appeared in issue: Vol 38 No 03 - 23 March 2021
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..
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Adjudication and exclusive jurisdiction clauses
Online Published Date : 23 March 2021 | Appeared in issue: Vol 38 No 03 - 23 March 2021
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..
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Allocation of losses caused by Covid-19
Online Published Date : 23 March 2021 | Appeared in issue: Vol 38 No 03 - 23 March 2021
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..