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It is well known that, following the case of Hershel Engineering Limited v Breen Property Limited [2000] EWHC TCC 178, section 108 of the Housing Grants Construction & Regeneration Act 1996 means exactly what it says. An adjudication can be commenced at any time, even if there are court proceedings already in progress.

The New Rules have introduced significant changes, bringing the SCCA in line with other major arbitral institutions and international best practice.

Most companies have Standard Conditions of business on which they contract. These terms set out clearly, amongst other things, a company’s proposed liabilities should a product, service, advice or misrepresentation by or on behalf of their business be found to have led to a failure or default.

An implied term is a contractual term which has not been recorded in the written provisions of a contract, because it has not been expressly agreed.

In the case of Triathlon Homes v Stratford Village (Dispatch, Issue 284), the First-Tier Tribunal ("FTT") agreed that Section 124 of the BSA focused "on the practical outcome of the things which have been done...

GSY sought summary judgment in proceedings arising out of an expert determination in relation to the development of a luxury hotel.

The International Chamber of Commerce has introduced its 2026 Rules of Arbitration, bringing significant procedural changes to enhance efficiency and clarity in ICC arbitrations. Key amendments include making Terms of Reference optional, introducing Highly Expedited Arbitration Provisions, and codifying established practices around arbitrator disclosure and early determination procedures. These changes reflect the evolution of international arbitration practice and align ICC procedures with other leading ar

The original completion date was 9 April 2018. However, the project fell into delay and disputes arose between the parties.

In our last issue of International Quarterly, we discussed a recent TCC decision concerning the extent of an expert's duties to their client.

Mr Justice Akenhead, in the recent case of Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223, had to consider the approach to take when faced with an application to stay proceedings in order for the Pre Action Protocol for Construction & Engineering Disputes ("the Protocol") to be followed. He decided that the correct approach to take was a pragmatic one.

The case of WSP CEL Ltd v Dalkia Utilities Services plc, [2012] EWHC 2428 (TCC) concerned the question of whether by virtue of the parties’ consent agreement, which varied the terms of the NEC3 Professional Services Contract, the adjudicator had jurisdiction to determine his own jurisdiction.

Despite innovations and improvements over the past 10 years in the EU Public Procurement Directives, the regime has been criticised for taking too long to implement and for being resource heavy and inflexible.

A contractor sought to enforce an adjudicator's decision on liquidated damages, while the employer argued that email correspondence had created a binding agreement to revise completion dates outside the contractual extension of time mechanism. The court examined whether informal email exchanges using the language of agreement could override formal contract procedures, and whether the employer's agent possessed the authority to enter such agreements.

A construction materials supplier sought to enforce a personal guarantee against a former director for debts arising from a 2013 services agreement, but the director argued the guarantee only covered goods supplied under an earlier 2008 credit facility. The court examined whether the guarantee's broad language extended beyond its original purpose and whether subsequent contractual changes affected the guarantor's liability.

In our article headed "The New Liberal Approach Of The English Court Of Appeal" </A>we highlighted the comments of Longmore LJ in the case of Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2007 EWCA Civ 20] where he indicated that a new approach needed to be taken by the English courts when considering questions relating to the jurisdiction of arbitration clauses in international commercial contracts.

In issue 14 of Insight we looked at legal advice privilege in the wake of the decision in Walter Lilly & Company v Mackay and Ors [2012] EWHC 649.

It was common ground that, because the Claimant's new home lacked appropriate foundations, Persimmon had breached its contract and was liable in damages.

The case of "Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust" [2010] EWHC 3332 (TCC), is the second case within one month to consider an application under Regulation 47H of the Public Contracts Regulations 1996, as amended by the Public Contracts (Amendment) Regulations 2009, better known as the Remedies Directive.