Stop right there: the new insolvency moratorium and adjudication

Author: Michael Comba The effect of the moratorium provisions of the Corporate Governance and Insolvency Act 2020 and adjudication. Insolvency, not COVID-19, is promising to be adjudication’s hot topic for 2020. Following the landmark judgment in Bresco, the recently passed Corporate Governance and Insolvency Act 2020 (the “Act”) raises yet more questions for when dealing…

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Case summary: Drive (Edgware) Ltd v S&T (UK) Ltd [2019] EWHC 3139 (TCC)

The process for issuing notices is a well-known potential source of dispute for parties to a construction contract. More than ever, with most offices operating remotely, contractual notices are necessarily being sent by email. This judgment in the High Court shed light on some of the challenges presented by this method of service, and is…

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Case summary – Fleixidig Ltd v M&M Contractors (Europe) Limited

This case has provided some useful guidance on the enforcement of an adjudicator’s decision outside of the jurisdiction defined by the contract. The court heard two interlinked disputes brought by the parties to the contract – a ‘jurisdiction application’ and an ‘enforcement application’. Background The respondent employer (M& M Contractors (Europe) Limited) was domiciled in…

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Construction and Commercial Contracts

Introduction Although the economic scale of the coronavirus crisis is impossible to predict with any certainty, the pandemic has already had a profound effect on business operations. With that in mind, we turn our attention to how contracting parties in the commercial and construction industries can protect themselves in existing and future contracts. What is…

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Case summary: DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) (20 March 2020)

The judgment of Mr Justice Griffiths in this case has provided some helpful guidelines as to the basis on which costs can be awarded on an indemnity basis to a successful party. It serves as a warning to parties seeking to avoid engaging in attempts to settle a dispute by Alternative Dispute Resolution (ADR). In…

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Sharpe Pritchard hosts legal outsourcing seminar with speakers from BT and Thames Water

Having recently been involved in the outsourcing of legal services for two of the UK’s largest and most recognisable companies – BT and Thames Water – Justin Mendelle and his team hosted a breakfast seminar on the 29th of January looking at the future  delivery of legal services. Dave Hart, Legal & Company Secretary at…

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