Hackney Empire Theatre v Aviva Insurance
Hackney Empire Theatre is a fine building and
it puts on great live music, comedy drama and dance in the East of
London. Its latest long running drama moved to the West End when
its legal dispute with Aviva Insurance reached the stage of the
Court of Appeal.
The ornate 1901 auditorium had become dilapidated after World
War II but a preservation trust got the theatre up and running
again by 1976. After years more fund raising and with the help of
the then Sir Alan Sugar the theatre set about a major and intricate
renovation project in 2001. The JCT 1998 form of contract provided
for liquidated damages for delayed completion. In the event that
the theatre terminated the contract for the contractor's
failure to perform, it had clause 27, which provided for the
drawing up of an account of monies owing for the work as against
additional costs and losses suffered. However, that was without
prejudice to the theatre's other rights
