Do you sometimes struggle to keep up with the flurry of adjudication decisions coming out of the TCC? Adjudicast is here to help. In this weekly podcast, barristers specialising in construction law at 39 Essex Chambers will bring you the latest developments in adjudication. The focus is on new case law, giving you a brief summary of an important recent decision. The episodes are short enough to be listened to during a coffee break, short commute or in the car.
Disclaimer: Each episode of AdjudiCast is based on the law of England and Wales at the time the episode as recorded. The episodes do not constitute legal advice. Detailed professional advice should be obtained on how the cases and issues discussed in AdjudiCast apply to the facts of any particular case.
OD Developments v Oak Dry Lining Limited [2020] EWHC 3854
In this episode, Melissa Shipley discusses the TCC’s judgment in OD Developments v Oak Dry Lining Limited [2020] EWHC 3854, a lesson in the perils of letters of intent.
7 Dec 2020
Enforcement costs: Blacknest Gate Limited v Seymour Realty (24 September 2020)
David Sawtell considers a case raising the practical point of when incurred, as opposed to fixed, costs under Part 45 would be appropriate where a judgment in respect of an adjudicator’s decision is secured by a charging order.
10 Nov 2020
Life after Bresco again – Styles & Wood (in administration) v GE CIF Trustees
Many of the decisions following Bresco have involved companies in liquidation. David Sawtell considers a case where the claiming company was in administration and where any final decision would be referred to arbitration, not litigation.
5 Nov 2020
Enforcement of adjudication decisions, manifest injustice, and stays: JRT Developments Ltd v TW Dixon (Developments) Ltd (October 2020)
On occasion, the TCC can be persuaded to grant a stay of execution of a judgment enforcing an adjudicator’s decision where enforcement would cause manifest injustice. David Sawtell looks at the latest example of this unusual scenario.
29 Oct 2020
Adjudication in Ireland – recent statistics on its use
David Sawtell looks at recent statistics on the use of adjudication in Ireland published in the Irish government’s Fourth Annual Report since the commencement of the Construction Contracts Act 2013.
20 Oct 2020
Engie Fabricom (UK) Limited v MW High Tech Projects UK Limited [2020] EWHC 1626 (TCC) - David Sawtell
In this episode, David Sawtell discusses Engie Fabricom (UK) Limited v MW High Tech Projects UK Limited [2020] EWHC 1626 (TCC), where O’Farrell J considered the different factors to be considered when looking at whether the primary activity of a site is power generation.
13 Oct 2020
WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC) - David Sawtell
In this episode, David Sawtell discusses the TCC’s decision in WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC). In this case, the adjudicator made a declaration that one party was liable to pay another party, but did not make an order for payment. The TCC had to decide whether it had the jurisdiction to make an order for payment, or if the parties would have to go to another adjudication.
6 Oct 2020
Rochford Construction Limited v Kilhan Construction Limited [2020] EWHC 941 (TCC) - Melissa Shipley
In this episode, Melissa Shipley discusses the TCC’s judgment in Rochford Construction Limited v Kilhan Construction Limited [2020] EWHC 941 (TCC). The Court’s decision that a final date for payment cannot be pegged to an event, such as an invoice, has potentially significant ramifications.
29 Sept 2020
Kingstone Civil Engineering Limited and Lane End Developments - Melissa Shipley
Kingstone Civil Engineering Limited and Lane End Developments - Melissa Shipley
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