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  • Article

    Legal Developments In Construction Law: September 2021

    Collateral warranty fails Housing Grants Act "construction contract" test and sinks adjudication award
    United KingdomReal Estate and Construction
    Mayer Brown
    Mayer Brown
  • Article

    Losses Flowing From Termination Of Contracts

    Kwadwo Sarkodie and Kiran Giblin examine issues arising from the growing number of disputes relating to termination of contracts.
    United KingdomReal Estate and Construction
    Mayer Brown
    Mayer Brown
Article

Notices Of Dissatisfaction Under NEC – Separate Challenges Needed

The 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 Construction
Shepherd and Wedderburn
Shepherd and Wedderburn
  • Article

    Projects & 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 Construction
    Clyde & Co
    Clyde & Co
  • Article

    Put 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 Construction
    Wedlake Bell LLP
    Wedlake Bell LLP
  • Article

    The Inclusion Of Foreign Jurisdiction Clauses Does Not Prevent Adjudication

    Motacus 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 Construction
    Trowers & Hamlins
    Trowers & Hamlins
  • Article

    UK Government To Publish Code Of Practice For Commercial Property Sector As June Quarterly Rent Day Looms

    As 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 Construction
    Mayer Brown
    Mayer Brown
  • Article

    Customer Loyalty: A Relationship, Not Just A Scheme

    In 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 KingdomStrategy
    Deloitte
    Deloitte
  • Article

    Cross-border Debt Financing – Increasing HMRC Scrutiny

    The 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 KingdomTax
    Macfarlanes LLP
    Macfarlanes LLP
  • Article

    Update: Non-Resident Capital Gains Tax On UK Commercial Property

    This initial consultation proposed the application of CGT to non-resident's gains on UK commercial property.
    United KingdomTax
    Intertrust
    Intertrust
  • Article

    Upper Tribunal Decision In Samarkand And Proteus

    The long-awaited Upper Tribunal Decision in the Samarkand and Proteus case has been published.
    United KingdomTax
    Reed Smith (Worldwide)
    Reed 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 KingdomTransport
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Bunkers - 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 KingdomTransport
    Ince & Co
    Ince & Co
  • Article

    Can 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 KingdomTransport
    Lester Aldridge LLP
    Lester Aldridge LLP
  • Article

    Expectation 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 KingdomTransport
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Force Majeure: Damage By Fire Does Not Constitute Mechanical Breakdown

    In a recent case, the Court of Appeal narrowly interpreted a clause providing for interruptions to laytime in the event of force majeure circumstances.
    United KingdomTransport
    Clyde & Co
    Clyde & Co
  • Article

    Guidance On Virtual Signing And Closing

    In 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 KingdomTransport
    HFW
    HFW
  • Article

    Performance Guarantees, Vessel Arrests, And Implied Terms

    In 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 KingdomTransport
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    STOP PRESS: The Effect Of Non-Payment Of Hire: A Resolution

    A 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 KingdomTransport
    Clyde & Co
    Clyde & Co
  • Article

    The Polar, Piracy In The Gulf Of Aden - Herculito Maritime Ltd V. Gunvor International BV (The "Polar") [2024] UKSC 2

    On 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 KingdomTransport
    Quadrant Chambers
    Quadrant Chambers
  • Showing 721–740 of 4200 results

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