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The scope of vicarious liability
Online Published Date : 27 May 2020 | Appeared in issue: Vol 37 No 05 - 26 May 2020
The Supreme Court has given fresh consideration to the doctrine of vicarious liability in two recent cases. In the first case, Barclays Bank plc v Various Claimants [2020] UKSC 13, [2020] 2 WLR 960, the Supreme Court confirmed the general rule that..
Building Law Monthly
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Covid-19 and adjudication
Online Published Date : 27 May 2020 | Appeared in issue: Vol 37 No 05 - 26 May 2020
In MillChris Developments Ltd v Waters [2020] 4 WLUK 45 Jefford J declined to grant the claimant an interim injunction to restrain the defendant from continuing with an adjudication because of the Covid-19 pandemic. In reaching this conclusion she..
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Covid-19, frustration and force majeure
Online Published Date : 27 May 2020 | Appeared in issue: Vol 37 No 05 - 26 May 2020
The current Covid-19 pandemic has caused many lawyers to turn to the doctrine of frustration in an attempt to discover whether it provides their clients with relief from the obligation to perform their contractual obligations given the impact which..
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Challenge to evidence of expert witness rejected
Online Published Date : 27 May 2020 | Appeared in issue: Vol 37 No 05 - 26 May 2020
In Blackpool Borough Council v Volkerfitzpatrick Ltd [2020] EWHC 387 (TCC), Judge Stephen Davies dismissed the defendant’s application for an order that the claimant should not be permitted to rely upon the expert evidence of two witnesses on..
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Expert witness owed fiduciary duty of loyalty
Online Published Date : 27 May 2020 | Appeared in issue: Vol 37 No 05 - 26 May 2020
In A Company v X, Y and Z [2020] EWHC 809 (TCC), O’Farrell J held that the claimant, who had retained the defendants to act as expert witnesses, was entitled to an interim injunction to restrain the defendants from acting as experts for a..