Guidance on disclosure requirements under the Disclosure Pilot Scheme (TCC) Case summary: Castle Water Ltd v Thames Water Utilities Ltd

In this May 2020 case, the Technology and Construction Court has provided some useful guidelines as to the type of documents that must be disclosed in order to comply with the Disclosure Pilot Scheme. In particular, the case has shed some light on the appropriate process that should be followed in disclosing ‘adverse’ and ‘known…

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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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Guidance Notes for Construction Contracts – Procurement Policy Note 02/20

On 6 April 2020, the Cabinet Office published helpful guidance notes on the implementation of Procurement Policy Note 02/20 by contracting authorities in England in relation to existing works contracts. Options for Relief The guidance sets out a non-exhaustive list of different forms of relief that a contracting authority can agree with a supplier whose…

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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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