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ADJUDICATOR’S DECISION IS DIRECTIVE AND NOT DECLARATORY
In Rok Building Ltd v Celtic Composting Systems Ltd [2009] EWHC 2662 (TCC), [2009] All ER (D) 65 (Nov), Mr Justice Akenhead held that the decision of an adjudicator was directive, in the sense that it required the defendant to make payment forthwith..
Online Published Date:
23 December 2009
Appeared in issue:
Vol 27 No 1 - 01 January 2009
ANTICIPATED CONTRACTS THAT FAIL TO MATERIALISE
In Whittle Movers Ltd v Hollywood Express Ltd [2009] EWCA Civ 1189, [2009] All ER (D) 128 (Nov) the Court of Appeal held that the parties had not entered into a contract, whether a contract of a long-term nature or of any other type, and that the..
Online Published Date:
23 December 2009
Appeared in issue:
Vol 27 No 1 - 01 January 2009
ADJUDICATION, FRAUD AND STAY OF EXECUTION
In SG South Ltd v King’s Head Cirencester LLP [2009] EWHC 2645 (TCC), [2009] All ER (D) 120 (Nov), Mr Justice Akenhead held that fraud or deceit on the part of the party seeking to enforce the decision of an adjudicator can be raised as a..
Online Published Date:
23 December 2009
Appeared in issue:
Vol 27 No 1 - 01 January 2009
THE CONSTRUCTION OF ‘ON DEMAND’ GUARANTEES
In Rainy Sky SA v Kookmin Bank [2009] EWHC 2624 (Comm), [2009] All
ER (D) 77 (Nov) Mr Justice Simon held that the defendant bank was obliged to pay the claimants under the terms of an ‘advance payment bond’ when a demand was made in the..
Online Published Date:
23 December 2009
Appeared in issue:
Vol 27 No 1 - 01 January 2009