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Adjudication, severance and breach of natural justice
In Lidl UK GmbH v R G Carter Colchester Ltd [2012] EWHC 3138 (TCC), [2012] All ER (D) 113 (Nov) Mr Justice Edwards-Stuart held that where, in the case of the referral of a single dispute to adjudication, additional questions are brought in by the..
Online Published Date:
17 December 2012
Appeared in issue:
Vol 30 No 1 - 17 December 2012
Contractual duty to arrange for the carrying out of works
In Cometson v Merthyr Tydfil County Borough Council [2012] EWHC 3446 (Ch), [2012] All ER (D) 06 (Dec) Mr Justice Morgan held that the defendant council had assumed a contractual obligation to arrange for the carrying out of works to the..
Online Published Date:
17 December 2012
Appeared in issue:
Vol 30 No 1 - 17 December 2012
Adjudicator cannot change his mind on a matter decided in previous adjudication between same parties
In Vertase FLI Ltd v Squibb Group Ltd [2012] EWHC 3194 (TCC), [2012] All ER (D) 187 (Nov) Mr Justice Edwards-Stuart held that the claimant was not entitled to enforce the decision of an adjudicator on the ground that the adjudicator had purported to..
Online Published Date:
17 December 2012
Appeared in issue:
Vol 30 No 1 - 17 December 2012
Tree roots and claims in nuisance
In Berent v Family Mosaic Housing [2012] EWCA Civ 961, [2012] BLR 488 the Court of Appeal affirmed that disputes relating to damage to property alleged to have been caused by tree roots were to be decided by the application of the general law of..
Online Published Date:
17 December 2012
Appeared in issue:
Vol 30 No 1 - 17 December 2012