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Registered address: 188 Fleet Street, London, EC4A 2AG

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  • Article

    Assessing Damages For A Repudiatory Breach Of Contract – The Impact Of The Gulf War

    The repudiation of a contract by one party, if accepted by the other (often known as the injured party), will bring that contract to an end and release both parties from their primary obligations under the contract. The injured party is entitled to recover damages against the repudiator to compensate him for any financial loss which the repudiator's breach has caused him to suffer.
    United KingdomStrategy
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Enforcing An Adjudicator's Decision In Northern Ireland

    This article discusses the steps to enforcement and some of the published decisions from the High Court of Justice in Northern Ireland.
    IrelandReal Estate and Construction
Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    Expert Evidence: The English Courts Send A Message To Experts (And Their Instructing Solicitors)

    Expert evidence can be crucial to the success, or failure, of a construction dispute; for example, a case can turn on a judge's preference for one expert's delay analysis over the other.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Liability Of Approved Inspectors

    The scheme of the private Approved Inspector was introduced by the Building Act 1984.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Security For Costs And Off-Shore Companies

    There has been much press comment recently about the nature of "offshore companies" and in particular those incorporated in the British Virgin Islands which has only limited requirements for provision of any company information.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Artificial Intelligence And The Law

    Believe it or not law firms are really investing in Artificial Intelligence ("AI"), the capability of a machine(s) to imitate intelligent human behaviour.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The CIOB Complex Contract 2013

    In April 2013 the Chartered Institute of Building (CIOB) launched the CIOB Complex Projects Contract 2013 ("CPC 2013").
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Use Of Technology In Disclosure

    The disclosure of documents is an integral part of litigation in England and Wales and is governed in the practical sense by Practice Direction 31B with which parties must comply when conducting litigation.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    What Constitutes Unreasonable And Vexatious Behaviour When A Notice Of Determination Is Served?

    Serving a notice of determination is always a significant step to take. The consequences of getting such a notice wrong can be drastic to the extent that the contractual situation can be completely turned around in favour of the party apparently in default.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Drones: Things To Think About Before Taking Flight

    Drones are nothing new. In fact, they have arguably been around since 1849, when balloons carrying explosives were used in the blockade of the Republic of Venice.
    United KingdomTransport
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Arbitration Act 2025: A New Era For UK Arbitration?

    In the world of international contracting, when contracting parties enter into an arbitration agreement, they agree on a seat of the arbitration (or should).
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Associated Installations Ltd v All Asbestos Ltd

    The Parties entered into a contract for the removal of asbestos. AIL alleged that AAL's work was defective and sent a formal letter before action to AAL and in copy to its insurance broker.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Romania And The UK: When Are The Works Taken-Over?

    The issue of "taking-over" a construction project on completion in Romania always seems to raise the question of whether the works can be said to be taken-over when the contractor has complied with the contract (in terms of substantially completing the works), or whether the works need to have received the Building Permit from the local authority.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Anti-oral Variation Clauses: Are They Enforceable?

    Anti-oral variation clauses are often found in contracts. The idea behind them is to prevent the parties to that contract from making any subsequent changes to the agreement unless those changes are mutually agreed in writing and signed by the parties.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Completing The Contract First: Does It Matter?

    Commercial drivers mean work must start.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Dispatch - Issue 309

    This issue examines three significant construction law cases from March 2026, exploring the boundaries of expert determination challenges, professional conflicts of interest in project financing, and the complexities of contract termination during extraordinary circumstances. The cases provide critical insights into when courts will intervene in expert decisions, how surveyors must navigate dual advisory roles, and the application of waiver and prevention principles in pandemic-related contract disputes.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Legal Issues Surrounding Building Information Modelling (BIM)

    In Bharat Aluminium the Supreme Court found that by adopting the UNCITRAL Model Law the Indian legislature had accepted the territorial principles contained within the Model Law.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Mr Justice Coulson and the Smash and Grab Adjudication

    The case of Grove Developments Ltd v S&T, [2018] EWHC 123 (TCC), is likely to be Mr Justice Coulson's last case at the TCC before his elevation to the Court of Appeal.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    NEC3: Problems And Solutions

    The construction industry is moving towards greater collaboration between all parties during the design, construction and handover stages of projects, and this is being driven by more appropriate procurement methods which encourage collaboration (such as the CIOB's Complex Projects Contract 2013), and BIM.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Prejudice Without Prejudice?

    Different jurisdictions apply different meanings to the words "without prejudice".
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 361–380 of 604 results

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