Building Blocks: Case Law Update

Introduction

The idea of sitting and reading a judgment in a case is not everyone's cup of tea. But case law shouldn't be overlooked. Amongst other things, cases set precedents, help us to understand and interpret legislation and wording used in agreements. It should be understood that the guidance given in judgments doesn't just help us when in the midst of a case to support or discredit an argument, but, arguably more importantly, help parties entering into a contract to understand what is meant by the particular terminology they want to use.

In this paper, I have explored the judgments handed down over the last year and sought to interpret them as guidance. I also dedicate some time to the Adjudication cases that have been referred to the TCC to examine the particular objections made to Adjudicator's decisions and the grounds that they have been made and the more creative arguments that have been used in order to delay enforcement of Adjudicator's decisions.