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ARTICLE · 27 SEPTEMBER 2016

Commercial Dispute Resolution Newsletter - September 2016

Clyde & Co
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The High Court emphasises that failing to apply in a timely manner for an anti-suit (or anti enforcement) injunction is likely to be fatal to the application.

United KingdomLitigation, Mediation & Arbitration
Clyde & Co LLP
Clyde & Co LLP
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Adjudication

The Supreme Court clarifies that claims arising from payments made pursuant to adjudicator's decisions are fresh causes of action

Aspect Contracts (Asbestos) Limited v Higgins Construction Plc (2015)

The Supreme Court has clarified that any claim arising from a payment made pursuant to a provisional adjudicator's decision, is a fresh cause of action generated by the payment itself and is independent of any contractual limitation period affecting the underlying claim. It therefore remains an option for paying parties who are on the wrong end of such an adjudicator's decision, to subsequently challenge it in court proceedings, even if the limitation period applying to the underlying claim has expired.

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