Atkin Chambers is delighted that Dalton Hale will be joining Chambers as a tenant on 7 September 2017, following the completion of his pupillage. Dalton’s practice covers all areas of Chambers’ work, including construction, engineering and infrastructure, energy and utilities, information technology, and professional negligence. During pupillage, Dalton gained experience at all stages of litigation, adjudication...Read more
The International Chamber of Commerce (ICC) has notified a final award in favour of the Panama Canal Authority (ACP) in one of the disputes arising from the Third Set of Locks project – one of the largest engineering projects in the world. The contractor for the project, Grupo Unidos por el Canal, SA (GUPC), and...Read more
MT Højgaard A/S (Respondent) v E.ON Climate & Renewables UK Robin Rigg East Limited and another (Appellants) UKSC 59 On appeal from: EWCA Civ 407 JUSTICES: Lord Neuberger (President), Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge Background to the appeal This appeal arises from the fact that the foundation structures of two...Read more
The SCL has published “Proof by Sampling after Amey LG v Cumbria County Council” – a paper presented by Frances Pigott to the Society of Construction Law at a meeting in London on 4 July 2017. Does a claimant have to prove liability and quantum on every variation or defect claimed, or will proof of...Read more
Mathias Cheung’s article ‘Ethics in the Tender Process: Implied Duty of Good Faith and Remedies for Breach’ for ICLR (International Construction Law Review) has been published in Issue 34 (2017). Mathias’ article consists of a comparative analysis of implied duties of good faith during pre-contractual negotiations/tender processes in common law and also civilian jurisdictions. To...Read more
The Claimants (a well-known adjudicator and his company) claimed statutory interest, statutory fixed late payment charges and debt recovery costs following late payment of adjudicator’s fees by the Defendant contractor, Mr Harding. The claim was made pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (the “1998 Act”) and certain express written terms...Read more
In early July this year, receptions were held in London and around the Country to mark the formal launch of The Business and Property Courts. The Lord Chancellor, David Lidington, stated at the Rolls Building: “… how delighted I am to be attending what is a landmark event for our Judges as they lead change...Read more
Steven Walker QC presented on ‘An introduction to design responsibility and design risk’ at the SCL Astra breakfast seminar on Wednesday 12 July. For more information on the seminar please click here....Read more
10 July, London Rupert Choat and Frances Pigott joined a list of construction law experts as speakers at the MBL Construction Law Conference 2017 which took place in London on 10 July. In a session on “Liquidated Damages and Extensions of Time” Rupert Choat examined two areas where the courts have shown themselves to be particularly...Read more
4th July, London In a talk to the Society of Construction Law and the Society of Construction Arbitrators, Frances Pigott presented a detailed review on the sampling issues that arose in Amey LG Limited v Cumbria County Council. Questions were plentiful from a large audience at the National Liberal Club. For further information please contact Andrew Burrows....Read more
The defendant project managers sought an order striking out, or alternatively seeking summary judgment in respect of, part of a claim brought against them by the claimant employers. The claimants are seeking almost £2.2 million in damages against the defendants arising out of a project to demolish the claimant’s existing house and build a modern house...Read more
Steven Walker QC and Felicity Dynes will present to the SCL in Leeds on Thursday 7 September 2017. They will be joined by Tom Owen and Jennie Wild of Keating Chambers to provide ‘A review of recent decisions and developments in the world of litigation and adjudication’. For further details please click here. Leeds Beckett...Read more
Our contract law prizes certainty, as do our firms, except when they are on the receiving end. A recent case confirms our courts’ preference to apply contract terms strictly. Certainty is critical to our contract law. Business people who conclude contracts benefit from knowing how, for example, a court will interpret and apply the terms...Read more
Rupert Choat will be co-chairing the International Bar Association’s two-day “6th Construction Projects from Conception to Completion Conference” in Brussels, Belgium from 14 September 2017. He co-chaired the same conference when it was previously held in September 2013. The conference is co-presented by the IBA International Construction Projects Committee of the Energy, Environment, Natural Resources and...Read more
Chantal-Aimee Doerries QC will speak at a seminar on construction arbitration with a focus on female arbitrators on Tuesday 3 October 2017 at the National Liberal Club in London. Chantal-Aimee will be joined by Victoria Russell (Fenwick Elliott) and Joanne Prior (Blackrockpm) to discuss “Mega projects – national prestige or bottomless well?”. The seminar is...Read more
Frances Pigott will be speaking to the SCL in Cambridge on Monday 9 October on proof by sampling following the issues that arose in Amey LG Ltd v Cumbria County Council EWHC 2946 (TCC). Does a claimant have to prove liability and quantum on every variation or defect claimed, or will proof of a sample suffice? ...Read more
Important decision considering service of notices under the JCT Standard Form, under s.115(3) of the HGCRA 1996 and under the CPR. Also considers the situation where a party does not respond to an adjudication or to an enforcement claim, and what reasonable steps the referring party may be required to undertake. Instructed by Gordon Dadds LLP...Read more
Steven Walker QC and Riaz Hussain QC will participate in The Annual SCL West Midlands Debate in Birmingham on Tuesday 10 October 2017 to consider “Is the Construction Act fit for purpose?”. The conference is hosted by the Society of Construction Law and will be chaired by His Honour Judge David Grant. For further details...Read more
Steven Walker QC and Riaz Hussain QC will lead a talk chaired by Jonathan Spencer entiled “Is the Construction Act fit for purpose?” in Bristol on 12 October 2017. The talk will discuss issues relating to the scope of the Construction Act, the operation of its payment provisions and adjudication. For further information click here. Bristol...Read more
Judgment on an application for summary judgement made by the claimant Abbot Investments (North Africa) Limited re: a loan note due for payment for which the Defendant is guarantor. The loan note was part of the consideration from the sale of KCA Tender Barges Pte. Limited to Momentum Far East Pte (sale completed in October 2014). (Instructed...Read more
