Our collective thoughts

Posted May 31, 2024 | Published in Dispute resolution

In this blog post, Katherine Butler discusses the recent TCC decision, which sets out a useful summary of the law relating to the construction of settlement terms. The judgment serves as a cautionary tale, highlighting the importance of the wording used in settlement agreements.

Posted May 20, 2024 | Published in Dispute resolution

In this blog post, Adele Parsons discusses the recent successful adjudication enforcement proceedings in the Technology & Construction Court. In his judgment, Mr Adrian Williamson KC, sitting as a High Court deputy judge, determined that the adjudicator had exceeded his jurisdiction in applying the Slip Rule.

Posted May 15, 2024 | Published in Contracts & documentation

In this blog post, Katherine Butler looks at three recent decisions where the TCC has declined to give the remedies and/or declarations sought following adjudication awards being made. Whilst the three cases address different matters, the judgments all focus on the fairness of the outcome and offer reminders to parties that fairness and the overall merits of any particular claim or application are key considerations for the English Courts, balanced against strict legal entitlements.

Posted January 17, 2024 | Published in Contracts & documentation

In this blog post, Claire King looks at the key issues parties must consider when issuing a Notice of Dissatisfaction, which must be issued within the requisite time frame of four weeks if a party wishes to avoid being bound by an adjudicator’s decision. 

Posted December 4, 2023 | Published in Dispute resolution

The reinforced autoclaved aerated concrete (“RAAC”) crisis was brought into focus in August 2023, when the UK government announced that over 100 schools would not be able to re-open due to compromised structural safety. In this blog post, George Boddy explores whether the current issues with RAAC may give rise to an increase in claims against those involved in the construction and refurbishment of buildings containing the material.

Posted September 13, 2023 | Published in Dispute resolution

Adele Parsons provides an update on the reforms to the Arbitration Act 1996. These limited reforms focus on maintaining the effectiveness and efficiency of the arbitral process. 

Posted August 25, 2023 | Published in Dispute resolution

The recent Court of Appeal case of Sudlows Limited v Global Switch Estates 1 Limited provides an excellent example of why serial adjudications should be approached with caution. The Court’s decision provides an extremely helpful summary of the key principles to be deployed by adjudicators (and party representatives) in working out if the dispute referred has already been determined.