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Liquidated Damages and Termination

On 16 July 2021, the Supreme Court handed down its long-awaited judgment in the case of Triple Point Technology vs PTT Public Company Limited[1].  This important decision for the construction industry has confirmed the accepted position that while liquidated damages (LDs) cease to accrue on termination any accrued rights to LDs survive termination.

As a reminder, LDs are

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The Cram Slam – Part 26A Restructuring Plans and Commercial Leases

The High Court has sanctioned a controversial restructuring plan for the Virgin Active Health Clubs, despite widespread opposition from a large group of its commercial landlords in Virgin Active Holdings Limited & Ors [2021] EWHC 1246 (ch).

The Law

With the ramifications of the COVID-19 pandemic dealing a heavy economic blow to many companies, more and more businesses are seeking

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To Hull and Back: TCC considers whether adjudication decisions regarding EfW plant contract can be enforced

Engie v MW High Tech Projects[1] is the latest in a long line of cases arising from the construction and/or operation of Energy from Waste (EfW) plants. In this case, O’Farrell J has ruled that adjudicators’ awards cannot be enforced due to an exclusion in the Construction Act  in respect of power generation activities.

The adjudication regime

The effect

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Procurement case note: Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport (2020)

Considering the principles of transparency and fairness in the exercise of discretion

On 17 June 2020, the High Court handed down its judgment in a case with important implications for the contracting authorities undertaking procurement exercises, Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC). The case concerns claims brought

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Mobile Phone Extraction by Police Forces – ICO’s Latest Findings

On 18 June the Information Commissioner’s Office (ICO) released its investigation report into mobile phone data extraction by police forces in England and Wales. The investigation, which began in August 2018, was carried out by the ICO following concerns about the potential for excessive processing of personal data that could arise as a result of mobile phone data extraction.

Today

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The Impact of Coronavirus on Construction and Commercial Contracts

Introduction

Whilst the eyes of the world’s media focus on daily increases in the number of Coronavirus cases and the emergency measures being taken by national governments to combat its transmission, little attention has been paid to the impact of the virus on construction and commercial projects. Although the economic scale of the crisis is impossible to predict with any

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