Construction disputes

Practice notes

Complying with or challenging an adjudicator’s decision—practical considerations

On receipt of an adjudicator’s decision, the parties’ options are, broadly, to comply with the decision, or to challenge or resist it. In many cases,...

27th Jan

Q&As

Does the HGCRA 1996 apply to onshore and offshore operation and maintenance agreements?

The Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) only applies to a ‘construction contract’, namely a contract that satisfies...

27th Jan

Q&As

What is the process for out of jurisdiction court proceedings where a debtor now resides in Cyprus, and how can an English judgment be enforced there?

This Q&A considers the process for serving court proceedings issued in the courts of England and Wales out of the jurisdiction on a defendant in...

26th Jan

Practice notes

Making a jurisdictional challenge in an adjudication

This Practice Note looks at raising objections to the jurisdiction of an adjudicator, including whether a party needs to make a challenge, how an...

Produced in partnership with 4 Pump Court 26th Jan

Practice notes

Entitlement to legal costs of an adjudication

Produced in association with 4 Pump CourtThis Practice Note looks at the ability of an adjudicator to make provision for one party to bear the legal...

26th Jan

Q&As

If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by issuing a new claim?

The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that...

Produced in partnership with Ali Tabari of St Philips Chambers 25th Jan

Q&As

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial review context) and what is the difference between these two concepts (intervenor/interested party)? How would such an application be made and how would the court manage the proceedings going forward (would the intervenor/interested party have rights to give evidence etc)? Also would there be any cost implications for the intervenor/interested party? What impact would this have on any judgment given by the court and would the judgment bind the intervenor/interested party?

The concepts of interested parties or interventions are most commonly found in judicial review proceedings (though intervenors are also common in...

25th Jan

Q&As

A common amendment made to a transfer of land is to provide that the transferor’s covenant to comply with title matters is ‘by way of indemnity only’. What is the effect of this amendment and in whose interest is it?

A covenant to comply with title matters ‘by way of indemnity only’Where a transfer of land takes place, the parties should effect the transfer using...

22nd Jan

Q&As

Does a parish council (not being an eligible council under the Localism Act 2011) have the power, when agreeing to transfer council property to a developer, to secure deferred consideration by a taking a legal charge over the property?

We have assumed that the land in question is in England.Local authorities in England and Wales are corporate bodies created by statute of the UK...

22nd Jan

Practice notes

Brexit—arbitration law and practice in England and Wales

IP COMPLETION DAY: 11:00 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s...

20th Jan

Brexit

Q&As

An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?

Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions.CPR 52.4 provides that where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Jan

Q&As

What is the status of EU directives in the context of retained EU law? Are there any circumstances where EU directives or provisions of directives (and associated case law) are retained?

Sections 2 to 7 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A...

Produced in partnership with Michael Bimmler of No 5 Chambers 18th Jan

Q&As

Where a claimant fails to identify a company as a limited company in a claim issued against the company, has the claimant failed to identify the correct defendant? If so, what application should the defendant make to the court to inform them of this? Further if a settlement is reached with the incompletely referenced entity, could the claimant then separately sue the limited company?

CPR PD 16, para 2.6 states that the claim form must be headed with the full name of each party. In the case of a company, the full registered name,...

18th Jan

Practice notes

Quantum in construction disputes—key cases

This Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are commonly claimed in construction disputes,...

18th Jan

Practice notes

Expert evidence—general considerations

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

The right to adjudicate

Produced in association with 4 Pump CourtThis Practice Note looks at a party’s entitlement to adjudicate, including how it arises (from a statutory,...

18th Jan

Practice notes

Resignation by the adjudicator

Produced in association with 4 Pump CourtThis Practice Note explains the different situations where an adjudicator may resign, whether it be of their...

18th Jan

Practice notes