The Judge identified the following factors which might justify the application of a domestic policy of imposing penal rates of interest on a party to an international commercial contract.

In the Scottish case of SGL Carbon Fibres Ltd v RBG Ltd, [2012] CSOH 19, Lord Glennie dismissed an appeal by the employer against an arbitrator’s decision. The court, in agreement with the arbitrator, found that an employer bore the burden of proof when seeking to recover alleged overpayments to a contractor under a NEC3 Engineering and Construction Contract.

The Upper Tribunal has awarded £3.3 million to owners of a Grade II-listed fifteenth-century property after the Environment Agency's flood defence works caused groundwater damage to the historic King's Lodging.

The case of "McCain Foods Gb Ltd v Eco-Tec (Europe) Ltd [2011] EWHC 66", which came before Mr Recorder Acton Davis QC provides an interesting example of how the court will approach the categorisation of losses claimed as either direct or indirect and/or consequential.

The issue before Mr Justice Akenhead in the case of<I> Amber Construction Services Limited v London Interspace HG Limited [2007] EWHC 3042 (TCC) related to whether only fixed costs should be payable if a defendant admitted or paid the sum claimed within a few days of the issue of a claim or before the Acknowledgement of Service was filed.

The dispute here arose out of a contract for the supply of COVID-19 lateral flow test kits. In order to perform the contract, the second claimant ("Santé") had a subcontract with a German supplier ("Bio").

Rolls-Royce engaged Topalsson through a Services Agreement to design, build, implement and maintain digital visualisation software. There were delays to the project, then disputes, and, in April 2020, Rolls-Royce.

The Conflict Avoidance Pledge, which promotes collaborative working and early intervention techniques, continues to gain signatories. Its key promoters include not only RICS, but the ICE, ICC, DRBF, CIARB and RIBA.

We reported on this case in Dispatch, Issue 302. RNH sought the summary enforcement of a “smash and grab” adjudicator’s decision in its favour for £665k. Mr and Mrs James said that the contract in question was a construction contract with a residential occupier, so the adjudicator lacked jurisdiction to determine the dispute.

As many people are already aware, a costs management pilot scheme will be operating in the Technology and Construction Court (the "TCC") (together with the Mercantile Courts) from 1 October 2011 to 30 September 2012.

On 1 January 2014, the new ICC Rules of Mediation came into force. In the UK, there was a formal launch on 3 March 2014. These replaced the ICC ADR Rules which had been used for amicable dispute resolution worldwide since 2001. The change in title reflects that the majority of cases dealt with by the ICC ADR body are referred to mediation and not some other form of ADR.

A dispute arose between Netomnia and MJQ over the validity of a payment application under their framework agreement for fibre-optic network construction. The central question was whether an application for payment that omitted key identifying information—specifically Polygon IDs and Feature IDs—could satisfy contractual requirements for verification, particularly in the context of a large-scale, multi-site infrastructure project with hundreds of work orders and thousands of features.

The recent case of Leander Construction Ltd v Mulalley & Co Ltd [2011] EWHC 3449 (TCC), helps to clarify the law in relation to implied terms requiring a party to proceed regularly and diligently.

I am no evangelist, but through my reading and contacts, I too can see that climate change is one of the single largest challenges facing the planet. Few now doubt (yes I know about sunspots) that human beings are to blame for most of the recent planetary warming.

What can a party do if there are delays to construction works? Is there any consequence if you demand that those works are completely urgently?

In the case of "Shepherd Construction Ltd v (1) Berners (BVI) Ltd (2) JJW Ltd", [2010] EWHC 763 (TCC), a freezing order had been made against the Defendants’ assets to a value of £1.75m.

Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past

Chelverton Properties Ltd, property developers, entered into a contract with Safeway under which Chelverton were to design and construct a supermarket which included a two-deck car park.

A Technology and Construction Court case examines whether a haulage company can be held vicariously liable for a driver's negligence when delivering chemicals to a water treatment plant, despite the driver being seconded to and embedded within the client's organization for five years. The judgment explores the boundaries of dual vicarious liability and the enforceability of standard road haulage contract terms.

The recent case of Simon Carves Ltd v Ensus UK Ltd [2011] EWHC 657 (TCC), shows that fraud is not the only ground upon which a call on an on-demand performance bond can be restrained by an injunction.