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  • Article

    The Impact Of Non-Party Access To Court Documents

    Statutory Instrument 2006/1689 – the Civil Procedure (Amendment) Rules 2006 - comes into effect on 2 October 2006. Its effect is to amend Rule 5.4 of the CPR to widen access that the public (including the press) may gain to court documents and, in particular, pleadings.
    United KingdomGovernment, Public Sector
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Adjudication In The Middle East

    Adjudication is now a dispute resolution process that most in the UK construction industry are familiar with.
    GlobalReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Enforcement In Saudi Arabia And The UAE

    In March 2013 a new Enforcement Law came into effect in Saudi Arabia, replacing the relevant provisions of the 1989 Rules of Civil Procedure before the Board of Grievances.
    Saudi ArabiaReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Adjudication: Crystallisation Of Disputes And The Severability Of An Adjudicator's Decision

    In the case of Working Environments Ltd v Greencoat Construction Ltd, [2012] EWHC 1039 (TCC) Mr Justice Akenhead looked at whether there was a crystallised dispute in circumstances where the Notice of Adjudication had been issued before the due date for payment.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Equitable Set-off And Adjudication Enforcement

    In the case of Beck Interiors Ltd v Classic Decorative Finishing Ltd, [2012] EWHC 156 (TCC) Mr Justice Coulson, enforced an adjudicator’s decision, refusing to allow set-off of sums allegedly arising under an unrelated project in a different jurisdiction.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    European Community Public Procurement Rules – the Principle of Equal Treatment of Tenderers

    In our recent article, Equal Treatment and Fairness in Procurement, we reviewed two recent UK cases which consider the principle of the equal treatment of tenderers. In short, this principle requires that all tenders comply with the tender conditions so as to ensure an objective comparison of the tenders submitted by the various tenderers.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Goldkorn v MPA (Construction Consultants) Ltd & Anor

    The question for Jonathan Acton Davis KC was whether Goldkorn had title to bring claims against MPA as the assignee of the Second Defendant's (Kazu 1)...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Midas Construction Ltd V Harmsworth Pension Funds Trustees Ltd

    Midas, a company in administration with no notice of distribution issued, sought enforcement of an adjudicator's decision, in the sum of £1.5 million, subject to a stay with proposed conditions.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Serving Contractual Notices Under The FIDIC Form Of Contract

    The Obrascon Huarte Lain SA v Her Majesty's Attorney General for Gibraltar case, referred to above, also contained a useful decision about the need to ensure that any contractual notice was validly served.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Who The Cap Fit, Let Them Wear It? The Role Of The Employer’s Agent

    It was Bob Marley who sang these lines, and I now choose them carefully because one of the common misconceptions I come across on building contracts is the vagary over the status of those who represent their governor, or should I say the employer?
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    George Beattie & Sons Ltd v Gareloch Support Services (Plant) Ltd

    Beattie and Gareloch were in a dispute over unpaid invoices related to a single contract despite multiple quotations. The adjudicator ruled in Beattie's favor, confirming jurisdiction over one contract. Gareloch's appeal failed due to improper jurisdiction challenges.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Building Information Modelling Minefield

    Building Information Modelling (BIM) is the integration of process and technology and, for the few still uninitiated, it is an information-rich digital model of a building with bells on.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    A Caveat For Adjudicators: Be Fully Exhausted By Your Decision

    I have come to realise that one reason I enjoy providing blog updates in respect of Scottish case reports is that I appear to have what will be considered I am sure a somewhat unusual nostalgia when it comes to Latin.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Ravestein B.V. v Trant Engineering Ltd

    Under a subcontract, dated 14 September 2010, based on an amended version of the NEC3 form incorporating Option A and dispute resolution Option W2, Trant engaged Ravestein...
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The LCIA's Publication Of Its Arbitrator Challenge Decisions

    On 12 February 2018, in line with its stated commitment to increased transparency, the LCIA published on its website, 32 anonymised excerpts of decisions made following challenges...
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Baltimore Wharf SLP v Ballymore Properties Ltd

    Baltimore was the owner of a mixed-use development near Crossharbour DLR station on the Isle of Dogs that had been developed by Ballymore and completed during 2010.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    HNW Lending Ltd v Lawrence

    HNW was claiming possession of a property and monies advanced to Ms Lawrence pursuant to a Loan Agreement in the sum of £1.5 million.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    John Sisk & Son Limited v Capital And Centric (Rose) Limited

    On 20 May 2022, C&C entered into a contract with Sisk for the design and construction of a residential and retail redevelopment at Weir Mill...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    WH Holding Ltd v E20 Stadium LLP

    Under a Concession Agreement dated 22 March 2013, E20 granted WH rights to use the London Olympic Stadium during the football season as a home ground for West Ham United, a football club wholly owned by WH.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Working With BIM Under The FIDIC Form

    At a packed International Contract Users' Conference held in London on 5–6 December 2017, FIDIC finally unveiled the second edition of the 1999 Rainbow Suite, Red, Yellow and Silver Books.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP

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