ArticleLegal Developments In Construction Law: September 2021Collateral warranty fails Housing Grants Act "construction contract" test and sinks adjudication awardUnited KingdomReal Estate and ConstructionMayer Brown
ArticleLosses Flowing From Termination Of ContractsKwadwo Sarkodie and Kiran Giblin examine issues arising from the growing number of disputes relating to termination of contracts.United KingdomReal Estate and ConstructionMayer Brown
ArticleNotices Of Dissatisfaction Under NEC – Separate Challenges NeededThe Technology and Construction Court has provided a recent qualification to the requirements for notices of dissatisfaction under New Engineering Contract (NEC) conditions...United KingdomReal Estate and ConstructionShepherd and Wedderburn
ArticleProjects & Construction Quarterly Bulletin (March 2020)Issues such as repudiation, frustration and compensation are always at the forefront of an adviser's mind when the word "termination" is used.United KingdomReal Estate and ConstructionClyde & Co
ArticlePut It In Writing And Sign It!RMP Construction Services Ltd was a ground works sub-contractor which carried out works for Chalcroft ("the Main Contractor") relating to the construction of a Shell petrol station.United KingdomReal Estate and ConstructionWedlake Bell LLP
ArticleThe Inclusion Of Foreign Jurisdiction Clauses Does Not Prevent AdjudicationMotacus Construction Ltd v Paolo Castelli SpA (2021) EWHC 356 (TCC) has highlighted the English courts' continued endorsement of adjudication since the Construction Act 1996 came into force.United KingdomReal Estate and ConstructionTrowers & Hamlins
ArticleUK Government To Publish Code Of Practice For Commercial Property Sector As June Quarterly Rent Day LoomsAs the June quarterly rent day looms, the government has announced it is set to publish a new code of practice to support high street landlords and tenants. The code is said to be designed to provide "clarity and reassurance" over rent ...United KingdomReal Estate and ConstructionMayer Brown
ArticleCustomer Loyalty: A Relationship, Not Just A SchemeIn this edition of The Deloitte Consumer Review, we are revisiting a theme explored in our 15th edition: the challenge businesses have in delivering a positive customer experience. United KingdomStrategyDeloitte
ArticleCross-border Debt Financing – Increasing HMRC ScrutinyThe UK restricts corporate tax deductions for interest and similar financing costs through several regimes, including thin capitalisation, hybrid mismatch rules and a fixed ratio...United KingdomTaxMacfarlanes LLP
ArticleUpdate: Non-Resident Capital Gains Tax On UK Commercial PropertyThis initial consultation proposed the application of CGT to non-resident's gains on UK commercial property.United KingdomTaxIntertrust
ArticleUpper Tribunal Decision In Samarkand And ProteusThe long-awaited Upper Tribunal Decision in the Samarkand and Proteus case has been published.United KingdomTaxReed Smith (Worldwide)
Article"At The Expenses And Risk Of Charterers" – What Does This Mean?In this case the Court heard a preliminary issue as to whether, on the proper construction of the contract of carriage contained in or evidenced by a bill of lading the carrier was liable for loss or damage to the cargo...United KingdomTransportReed Smith (Worldwide)
ArticleBunkers - Who Pays When The Charterer Doesn't?This case concerns a familiar situation in time charters. A bunker supplier provides bunkers to a time charterer, who has the job of ordering bunkers under the time charter.United KingdomTransportInce & Co
ArticleCan Underperformance Claims Override An Express Anti-Deduction Clause?A London arbitration case demonstrates that charterers cannot withhold hire for alleged vessel underperformance when the charterparty contains an express anti-deduction clause, even if they believe their claim is legitimate. The tribunal enforced the contractual restriction and awarded the owners unpaid hire plus interest and costs. United KingdomTransportLester Aldridge LLP
ArticleExpectation Damages or Reliance Damages?A recent Commercial Court decision has addressed the question of whether a party to a contract that has been breached can recover wasted expenditure where an award of damages on that basis would put that party in a better position than it would have been if the contract had been performed. United KingdomTransportCMS Cameron McKenna Nabarro Olswang
ArticleForce Majeure: Damage By Fire Does Not Constitute Mechanical BreakdownIn a recent case, the Court of Appeal narrowly interpreted a clause providing for interruptions to laytime in the event of force majeure circumstances.United KingdomTransportClyde & Co
ArticleGuidance On Virtual Signing And ClosingIn the current economic climate, where many logistics and transport professionals are seeking to reduce business travel that can be expensive and time consuming, in order to focus on operating more efficiently and effectively, we look at the latest guidance for lawyers from the Law Society1 on the best practice for executing logistics contracts and commercial agreements at a "virtual signing or closing".United KingdomTransportHFW
ArticlePerformance Guarantees, Vessel Arrests, And Implied TermsIn CVLC Three Carrier Corp and Anor v Arab Maritime Petroleum Transport Company ([2021] EWHC 551 (Comm)), Reed Smith (Nick Austin, Charles Weller, Alfred Perkins, Vassilis Mavrakis)...United KingdomTransportReed Smith (Worldwide)
ArticleSTOP PRESS: The Effect Of Non-Payment Of Hire: A ResolutionA much-anticipated judgment of the Court of Appeal has been handed down this morning that addresses the important issue of whether a charterer's failure to pay hire amounts to a breach of a condition...United KingdomTransportClyde & Co
ArticleThe Polar, Piracy In The Gulf Of Aden - Herculito Maritime Ltd V. Gunvor International BV (The "Polar") [2024] UKSC 2On 17 January 2024 the Supreme Court handed down judgment in Herculito Maritime Ltd v. Gunvor International BV (the "Polar") [2024] UKSC 2, which considered the ramifications of a piratical seizure in the Gulf of Aden...United KingdomTransportQuadrant Chambers