In the case of Mott MacDonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC), the TCC confirmed by way of summary judgment that there would be no presumption that a party...

A letter of intent, usually bearing that title, may be issued by an intending purchaser of goods or services during the course of pre-contract negotiations or immediately after their conclusion. There may be several purposes for doing this. The intending purchaser may wish to ensure that the goods or services he requires are reserved and so remain available until they are finally secured by the intended contract.

A round up of recent case law updates.

See "Workspace Management v YJL London" under Keating Chambers Reported Cases on enforceability of adjudicator’s finding of overpayment as a set-off against an arbitration award.

All construction projects are ultimately about using materials and resources cost effectively to get something built.

This article is an edited version of a paper given to an evening meeting of the Chartered Institute of Arbitrators (East Asia Branch) on 3 December 2007. It considers some of the principal factors that influence party choice of venue for international arbitration disputes, in particular factors arising from the legal environment.

This article describes the background and features of a new fast-track Arbitration procedure which draws on new possibilities for dispute resolution revealed by Statutory Adjudication.

The UK launch of the ICC Dispute Board Rules is a most welcome, important and timely event. It is welcome because the ICC’s Dispute Board Documents embody a statement of based practice for the conduct of Dispute Boards. They are a distillation of the various sets of rules for Dispute Boards which have proliferated in recent years.

Two matters need emphasis: First, as ever, the express words of the contract must be examined with care.

This is the second part of an edited version of a paper given to an evening meeting of the Chartered Institute of Arbitrators (East Asia Branch) on 3 December 2007. The author considers some of the principal factors that influence party choice of venue for international arbitrations, in particular factors arising from the legal environment.

This is a construction contract update.

Following the decision in Murphy v. Brentwood District Council [1991] 1 A.C. 398, HL it was generally thought that the scope for the imposition of a duty of care not to cause economic loss was severely restricted. For some 13 years prior to that it was thought that if there was sufficient proximity between wrongdoer and claimant and no considerations to negative the imposition of a duty of care, a cause of action would arise when a building presented a present or imminent danger to health or saf

Construction Law Journal Vol. 27 Issue 4 2011

Camden sought to challenge the adjudicator’s jurisdiction on the ground that he had been improperly appointed by RIBA. Makers had contacted RIBA to request the appointment of the adjudicator actually appointed.

Expert witnesses assist the courts and various other tribunals in a variety of contexts, including criminal trials, civil and family hearings, planning tribunals, copyright disputes, as well as in the more familiar areas of construction and engineering hearings before Technology and Construction Court (TCC) Judges, and construction industry arbitrators and adjudicators.

Already reported in CILL, the defendant owner failed in an attempt to argue that an adjudicator’s decision was invalid because it had not been signed.

This is a selection of construction cases reported in 2005 (thus including a number decided in 2004). The ones chosen are intended to offer clarification or demonstrate development of the law; they are not an encyclopedic collection of every case in the specialist law reports.

In this article I wish to discuss briefly general issues relating to certainty when it comes to the assessment of damages in construction and professional negligence cases and then to discuss the much troubled doctrine of loss of a chance in particular which, of course, is just one of a number of issues within the general topic of certainty.

Where the contracting parties are both private companies, no particular difficulties arise. However, things become more problematic if one of the parties is a sovereign state.

The long-awaited JCT 2005 suite of contracts has generated substantial interest from construction professionals and practitioners alike. Much of the writing on the forms has focussed on the principle changes from the equivalent 1998 versions and is largely speculative, discussing the possible implications (for employers, contractors and third parties) of such alterations.