Q&As

Q&As

What is the impact of section 233B of the Insolvency Act 1986 on a supplier or customer based in the UK where the supply contract is not governed by English law?

Section 233B of the Insolvency Act 1986 (IA 1986) was inserted by the Corporate Insolvency and Governance Act 2020. IA 1986, s 233B(3) provides that...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 3rd Mar

Q&As

If a party wishes to apply to the Court of Appeal for permission to appeal a decision of the Technology and Construction Court (TCC), are there any particular rules or processes that apply to the application for permission? Neither the Civil Procedural Rules nor the TCC guide provides any specific guidance on appeals from the TCC.

In answering this Q&A, it is assumed that the appellant has not yet applied for permission to appeal (different rules on permission to appeal apply to...

3rd Mar

Q&As

Does a defendant have to address every fact set out in a letter before action / claim, even if not relevant to the claimant's legal case?

The pre-action protocols (Protocols) and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct...

2nd Mar

Q&As

What is decennial insurance?

Decennial insurance is insurance that can be taken out by those responsible for the design and construction of buildings to cover the costs associated...

Produced in partnership with Charles Russell Speechlys LLP 26th Feb

Q&As

A defendant in Cyprus has expressly agreed to accept service by email. Do I still need to make an application for permission to serve the claim form out of the jurisdiction?

Cyprus is part of the EU.The process of effecting service of documents between EU Member States is governed by the process of service rules set out in...

24th Feb

Q&As

In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?

The first thing to bear in mind is that courts are updating their processes and guidance, sometimes daily at present, so you should check with the...

Produced in partnership with Christopher Adams of Partner Gosschalks 24th Feb

COVID-19

Q&As

What is the position on levying photocopying charges following a request for inspection from the other side under the disclosure pilot?

CPR PD 51U indeed only makes provisions regarding photocopies at CPR PD 51U, para 13. This provision is silent on photocopying charges for inspection,...

24th Feb

Q&As

In proceedings subject to the disclosure pilot scheme under CPR PD 51U, should a court order made at the case management conference make specific reference to the points in sections 1b and 2 of the disclosure review document (DRD), or should the parties deal with disclosure in accordance with the details in these DRD sections?

In proceedings subject to the disclosure pilot scheme under CPR PD 51U, the disclosure review document (DRD) sets out the list of issues for...

24th Feb

Q&As

During the pre-action protocol stage, should the parties seek to convene a pre-action meeting?

STOP PRESS: this Q&A is based on the first edition of the pre-action protocol (in force until 8 November 2016). For a comparison of the two editions...

24th Feb

Q&As

I need to serve a claim form on a European lawyer, but I am concerned about what impact Brexit has on this. What are the rules and will they change at the end of the year?

This answer reflects the position as matters stand at 30 November 2020.The position until 31 December 2020The rules regarding the service of a claim...

Produced in partnership with Belinda McRae of Twenty Essex 17th Feb

Brexit

Q&As

Do you have guidance on the general implications for UK trade in services with the EU27 if the UK trades with the EU on World Trade Organization rules following a ‘no deal’ Brexit outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade...

16th Feb

Brexit

Q&As

What are the implications for trading in goods with the EU27 if the UK trades on World Trade Organization rules in the event of a ‘no deal’ outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...

16th Feb

Brexit

Q&As

Is an email confirmation considered as adequate to satisfy the 'in writing' requirement for an assignment?

An assignment is an immediate transfer of an existing proprietary right, vested or contingent from one party to another. An assignment can either take...

15th Feb

Q&As

What is the meaning of ‘direct loss and/or expense’ in the JCT contracts?

The JCT contracts use the phrase ‘direct loss and/or expense’ in various clauses—see for example clause 4.19 of the Design and Build Contract 2016,...

15th Feb

Q&As

Is the appointment of a surveyor advising on a both a property purchase and building works caught by the Construction Act?

To ascertain whether the HGCRA 1996 applies to a surveyor's appointment, it must be determined whether the surveying work the surveyor is engaged to...

15th Feb

Q&As

Does the Construction Pre-Action Protocol apply to a low value dispute between a homeowner and builder? Does it make a difference if the homeowner is the potential claimant?

As set out in paragraph 1 of the Practice Direction Pre-Action Conduct and Protocols, the purpose of the Protocols regime under the Civil Procedure...

Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb

Q&As

What is meant by single point liability in property projects?

Single point liability (also commonly referred to as ‘single point responsibility’) means that the contractor engaged by the employer in respect of a...

15th Feb

Q&As

Can the Employer recover liquidated damages ‘as a debt’ under a JCT contract before practical completion has occurred?

Clause 2.29.2.1 of the JCT Design and Build Contract (DB) 2011/2016 provides that, where a Non-Completion Notice has been issued (due to the...

15th Feb

Q&As

Will funders, purchasers and tenants accept standard form collateral warranties?

The standard forms of warranty'>collateral warranty that parties involved in a construction project are most likely to suggest are published by:•JCT...

15th Feb

Q&As

Can you assign only part of the benefit of a collateral warranty?

Various parties will usually have an interest in a construction project, eg tenants of individual units in a shopping centre development, or...

15th Feb

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