Can a lead consultant be responsible for works carried out by others? Midlothian Council v Bracewell Sterling Architects [2018] CSIH 21

Authors: Tola Odedoyin and Juli Lau This is a Scottish decision, which while not binding in England and Wales, provides insight into the interpretative approach the Court may take when faced with a similar situation in this jurisdiction. Background In 2004/2005, Midlothian Council (the “Council”) underwent a new social housing programme and appointed Bracewell Stirling…

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Rejecting a Tender when it ‘fails’ to pass a mandatory requirement – MLS (Overseas) Ltd and the Secretary of State for Defence

Procurement challenge specialist, Colin Ricciardiello, considers the implications for procurement practitioners of the High Court’s judgement in MLS (Overseas) Ltd and the Secretary of State for Defence. Introduction and Background On 21st December 2017 Mrs Justice O’Farrell, sitting in the High Court, delivered judgment in MLS (Overseas) Ltd –v- the Secretary of State for Defence…

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Four new partners at Sharpe Pritchard

London-based public law specialist, Sharpe Pritchard, has promoted four lawyers to the partnership. Aidan Dickinson, Gemma Duncan, Gemma Townley and Peter Collins are all now partners of the firm. Their promotions strengthen the firm’s real estate development, compulsory purchase, corporate, and ICT and data offerings. Aidan Dickinson is a real estate lawyer specialising in compulsory…

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Recovering the cost of adjudication

Authors: Justin Mendelle and Tola Odedoyin Update After the 2016 judgment in Lulu Construction Ltd (“Lulu”) v Mulalley & Co Ltd, the door on recovering costs in adjudication was ajar. The recent unreported case of Enviroflow Management Limited v Redhill Works (Nottingham) Limited may have closed it. The issue is how the Housing Grants, Construction…

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North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC)

Background Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments. The amendment at issue in this case concerned the extension of time provision where the…

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