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Searching Content indexed under Trials & Appeals & Compensation by Cathy Moore ordered by Published Date Descending.
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Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
UK
22 Jul 2019
2
Termination And The Inapplicable Liquidated Damages Clause
Until the recent Court of Appeal judgment in Triple Point Technology Inc v PTT Public Company Ltd, the generally held view was that in delay cases where the contract works ...
UK
9 Apr 2019
3
Insurers: Heightened Risk Of Non-Party Costs Orders - What You Need To Know
In Various Claimants v Giambrone & Law (a firm) and others [2019], a non-party costs order has been made against insurers, even though those insurers had largely ceded control over the defence to certain insureds.
UK
26 Mar 2019
4
Court Of Appeal Confirms Grove Developments Limited v S&T (UK) Limited [2018] - Smash And Grab Adjudications Disappearing?
In February 2018, we reported on the important judgment in Grove Developments Limited v S&T (UK) Limited [2018].
UK
13 Nov 2018
5
When Can A Force Majeure Clause In A Contract Be Relied On?
In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification ...
UK
22 Aug 2018
6
Exclusion Clauses And The Reasonableness Test - What You Need To Know About The Latest Court Of Appeal Decisions
Pre-contract, exclusion clauses are often the subject of extensive debate, as commercially they are a key part of assessing and moderating risks. When disputes arise during performance ...
UK
13 Jul 2018
7
Supreme Court Rules That A Contractual Term That Requires Modifications To Be In Writing Is Binding
Very often a contract contains a clause which states it may only be amended in writing. Such clauses are known as "No Oral Modification" or NOM clauses.
UK
22 May 2018
8
Limiting The Contractor's Design Liability Under NEC Wording: Does It Leave You Exposed?
In the Scottish decision of SSE Generation Limited v Hochtief Solutions AG [2018], a first instance decision has been overturned in part, holding the Contractor liable under NEC2 ...
UK
15 May 2018
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