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Building Law Monthly

: Supreme Court grants leave to appeal; Online Published Date : 16 October 2019 | Appeared in issue: Vol 36 No 09 - 16 October 2019; The Supreme Court has granted leave to appeal from the decision of the Court of Appeal in Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27, [2019] BLR Plus 1 (on which see our February 2019..

: Balance of convenience favoured recall of interim interdict; Online Published Date : 16 October 2019 | Appeared in issue: Vol 36 No 09 - 16 October 2019; In Mars Black Sheep Hotels Ltd v Douglas & Stewart UK Ltd [2019] CSOH 64 it was held that the pursuer was not entitled to an interim interdict to restrain the defender from taking any steps in furtherance of the adjudication which it had..

: Identity of parties, natural justice and crystallisation; Online Published Date : 16 October 2019 | Appeared in issue: Vol 36 No 09 - 16 October 2019; In Dickie & Moore Ltd v Ronald James McLeish, Mrs Diane McLeish and Catriona Watt as Trustees of The Lauren McLeish Discretionary Trust [2019] CSOH 71, Lord Doherty held that the adjudicator did have jurisdiction to entertain a claim against the..

: Approved inspector did not owe duty under section 1 of the Defective Premises Act 1972; Online Published Date : 16 October 2019 | Appeared in issue: Vol 36 No 09 - 16 October 2019; In The Lessees and Management Company of Herons Court v Heronslea Ltd [2019] EWCA Civ 1423 the Court of Appeal held that an approved inspector did not owe to the claimant lessees a duty under s1 of the Defective Premises Act 1972 because it had not..

: Adjudication, natural justice and stay of execution; Online Published Date : 16 October 2019 | Appeared in issue: Vol 36 No 09 - 16 October 2019; In Corebuild Ltd v Cleaver [2019] EWHC 2170 (TCC) Mr Adam Constable QC, sitting as a Deputy High Court Judge, held that the claimant was not entitled to summary judgment in order to enforce the decision of an adjudicator. The adjudicator was held to..

: An adequate mechanism for determining what and when payments become due under a contract; Online Published Date : 16 October 2019 | Appeared in issue: Vol 36 No 09 - 16 October 2019; In Bennett (Construction) Ltd v CIMC MBS Ltd (formerly Verbus Systems Ltd) [2019] EWCA Civ 1515 the Court of Appeal held that the requirements of s110(1)(a) of the Housing Grants, Construction and Regeneration Act 1996 had been satisfied in that the..