Terminator II: issuing an invalid termination notice followed by a valid second – Topalsson GmbH v Rolls-Royce Motor Cars Ltd [2023] EWHC 1765
28 August 2023
Insight Hub
25 August 2023
Those exposed to adjudications understand that a dispute can only be adjudicated upon once. That, together with the limited ability to challenge decisions, can indeed be the source of frustration for some parties. But what if one dispute overlaps with another and is adjudicated on separately? To what extent would a later adjudicator be bound…
Read more24 August 2023
On 17 July 2023, the Cabinet Office published the second instalment of the consultation on the draft regulations required to implement the new public procurement regime established by the Procurement Bill (the ‘Bill’). The two consultations are technical consultations, with Part 2 focusing on the notices which must be used by contracting authorities (‘Authorities’) after…
Read more23 August 2023
Our associate Laura Campbell examines the key features and mechanisms for compensation events in the NEC4 Engineering and Construction Contract (the ‘NEC4 ECC’). This series has already emphasised that the NEC4 suite works on the basis of collaboration and pro-active contract management. The compensation event provisions reinforce this approach. What is a Compensation Event? Under…
Read more22 August 2023
The Employment Appeal Tribunal has stepped in again in this controversial arena in this case and has ruled that “the freedom to manifest belief (religious or otherwise) and to express views relating to that belief are essential rights in any democracy”. This is another decision in the fraught tug of war between employees claiming they…
Read more22 August 2023
Parties can often be surprised at the tight timescales in adjudication, with responding parties often only given 7 days to respond to a Referral. It is now almost standard for parties to seek extensions in the timetable, often pleading natural justice concerns to the adjudicator when requesting them. As adjudications become increasingly complex and higher…
Read more21 August 2023
On 7 July 2023, Judge Barry Clarke (President of the England and Wales Employment Tribunals) released guidance on the use of Alternative Dispute Resolution (“ADR”) in Employment Tribunal claims. The guidance was written for Tribunals; however, it may be of interest to parties who are seeking early resolution to claims and wish to avoid going…
Read more18 August 2023
Employers still trip up when it comes to issuing pay less notices. As a result they can find themselves on the sharp end of ‘smash and grab’ adjudications and paying substantial sums even where there is no merit behind them. True value adjudications can come to the rescue. They are an opportunity for employers to…
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