Welcome to the weekly highlights from the Lexis®PSL Construction team for the week ending 17 November 2016. This week: (1) We explored the changes in the new JCT Standard Building Contract 2016; (2) A Part 36 offer made just before adjudication enforcement proceedings were commenced was held not to extend to the costs of the adjudication (Wes Futures v Allen Wilson Construction) and (3) The Court of Appeal found that a contract was not sufficiently complete so as to be binding (Wells v Devani).
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Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual
Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will
Claiming negligent misrepresentation or negligent misstatement—practical considerationsA claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore useful to understand the key practical considerations in respect
Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In
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