Construction case tracker
Construction case tracker

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Construction case tracker

The Construction case tracker is a list of key judgments from 2020 and 2021 considered relevant to construction lawyers, with cases listed in reverse chronological order. For previous years, see the 2019, 2018, 2017, 2016 and 2015 archives.

Public procurement cases are listed in the UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner (Appeal cases).

Judgment dateCaseTopicNews AnalysisSummary
12 Jan 2021Barhale Ltd v SP Transmission plc [2021] CSOH 2AdjudicationAdjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)The Outer House of the Court of Session considered an adjudicator’s failure to address one of the critical issues referred to it for determination, finding that it had therefore failed to exhaust its jurisdiction.
11 Jan 2021A Company v Secretariat [2021] EWCA Civ 6Litigation
Court of Appeal considers whether experts owe fiduciary duties of loyalty (Secretariat Consulting v A Company)The Court of Appeal was required to consider the duties on an expert witness engaged under two potentially conflicting retainers at the same time, and whether those duties extended to the expert’s group companies. This case raised novel and significant issues arising from the TCC’s decision at first instance, in A Company v X [2020] EWHC 809 (TCC). The Court of Appeal

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