Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
What are preliminaries in a construction contract?

What are preliminaries in a construction contract?

What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...

What is the difference between termination, determination and a voided contract?

What is the difference between termination, determination and a voided contract?

What is the difference between termination, determination and a voided contract?In respect of commercial contracts, under English law there is no...

What is the difference between joint insured, co-insured and composite insured?

What is the difference between joint insured, co-insured and composite insured?

What is the difference between joint insured, co-insured and composite insured?In financing and construction documentation for development projects it...

What is a section 104 agreement?

What is a section 104 agreement?

What is a section 104 agreement?A section 104 agreement usually refers to an agreement made pursuant to section 104 of the Water Industry Act 1991...

Legal Guidance

Q&As

What is the court’s approach towards interim relief in public procurement challenges? Is there any particular guidance or case law on this?

What is the court’s approach towards interim relief in public procurement challenges? Is there any particular guidance or case law on this?Pursuant to...
Produced in partnership with Brendan Ryan of Norton Rose Fulbright 10th Jun
Q&As

Can a company in administration adjudicate against a company in liquidation under a construction contract?

Can a company in administration adjudicate against a company in liquidation under a construction contract?There are several key areas to consider—the...
10th Jun
Q&As

A buyer completes the purchase of a new build property from a developer. The buyer does not carry out any survey prior to exchange. Following completion the buyer discovers serious defects with the gas, electrical and plumbing system and other items (which it confirms in a building survey). What remedies does the buyer have under purchase contract for these defects?

A buyer completes the purchase of a new build property from a developer. The buyer does not carry out any survey prior to exchange. Following...
10th Jun
Q&As

Tenants may become members/shareholders of a management company that is responsible for the repairing and other covenants under occupational leases in a residential block, having been party to those leases, but the management company itself does not hold a legal interest in the building. Is this scenario covered by the Building Safety Act? It would seem in this scenario that the tenants cannot claim the benefit of caps (ie, it cannot be a ‘relevant building’) given the management company's role but I can't find any authority for this. If it is a relevant building then the management company presumably has to provide the landlord's certificate but how if it is not the landlord?

Tenants may become members/shareholders of a management company that is responsible for the repairing and other covenants under occupational leases in...
10th Jun
Q&As

What is the impact of a no-deal Brexit on public procurement?

What is the impact of a no-deal Brexit on public procurement?In conducting our research we have focussed on public procurement under the Public...
10th Jun
tag iconBrexit
Q&As

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the action even though it is subject to an enforced award and liability has therefore crystallised? If so, should proceedings be brought in the client's name or the name of the dissolved company?

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the...
10th Jun
Q&As

How do I sign up for Brexit alerts?

How do I sign up for Brexit alerts?Brexit news and analysis in Lexis®PSLYou can receive Brexit news updates and analysis by signing up for alerts...
10th Jun
tag iconBrexit
Q&As

What are the advantages and disadvantages for a contracting authority in using the design contest procedure under the Public Contracts Regulations 2015 for a high profile landmark development?

What are the advantages and disadvantages for a contracting authority in using the design contest procedure under the Public Contracts Regulations...
Produced in partnership with Brendan Ryan of Pinsent Masons 10th Jun
Q&As

A creditor serves a statutory demand on a debtor where the debtor only accepts part of the debt is payable, and does not pay the undisputed element of the debt. Can a creditor still petition for the debtor’s winding up for that part of the undisputed amount using the same statutory demand as a basis for the winding-up petition subject to the minimum threshold being met?

A creditor serves a statutory demand on a debtor where the debtor only accepts part of the debt is payable, and does not pay the undisputed element of...
10th Jun
Q&As

Can a statutory demand be served and enforced in the UK upon a limited company incorporated in Malta, where the company operates in the UK but its head office is in Malta?

Can a statutory demand be served and enforced in the UK upon a limited company incorporated in Malta, where the company operates in the UK but its...
10th Jun
Q&As

What is the effect of an insolvency process on arbitration proceedings?

What is the effect of an insolvency process on arbitration proceedings?No moratorium applies to arbitration proceedings in which the insolvent company...
10th Jun
Q&As

Does the construction industry scheme apply when the contractors and construction site are based abroad? Note that the contract is governed by UK law, however, the contractors are not British and the site being constructed is also outside of the UK.

Does the construction industry scheme apply when the contractors and construction site are based abroad? Note that the contract is governed by UK law,...
10th Jun
Q&As

Can proceedings be continued against a company after it has entered voluntary liquidation?

Can proceedings be continued against a company after it has entered voluntary liquidation?While there is no equivalent to section 130(2) of the...
10th Jun
Q&As

Under the Defective Premises Act 1972, is a dwelling constructed for the commercial purpose of a holiday home with planning restrictions limiting occupation to holiday accommodation only, excluded from the definition ‘dwelling house’?

Under the Defective Premises Act 1972, is a dwelling constructed for the commercial purpose of a holiday home with planning restrictions limiting...
10th Jun
Q&As

Does a stay of legal proceedings under section 9 of the Arbitration Act 1996 apply to a winding-up petition?

Does a stay of legal proceedings under section 9 of the Arbitration Act 1996 apply to a winding-up petition?The courts are reluctant to consider any...
10th Jun
Q&As

Can an adjudication award in the construction industry in favour of a company in liquidation be enforced?

Can an adjudication award in the construction industry in favour of a company in liquidation be enforced?STOP PRESS: From 6 April 2017, the Insolvency...
Produced in partnership with Carly Schiff of Boyes Turner 10th Jun
Q&As

Even if a trade deal is reached, isn’t there a real likelihood that it will not cover cross-border insolvency issues? If so, will Brexit Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 still kick in on the IP completion day given the accompanying explanatory statement says it only applies in the event of no deal? Ie should the reference to ‘No deal’ in the explanatory statement be taken to mean ‘no trade deal’ or ‘no deal on insolvency matters?

Even if a trade deal is reached, isn’t there a real likelihood that it will not cover cross-border insolvency issues? If so, will Brexit Insolvency...
Produced in partnership with Gerard McCormack 10th Jun
Q&As

On a winding-up petition, if you have served a statutory demand but have then obtained another money judgment against the company, do you include both the statutory demand and the court judgment on the petition?

On a winding-up petition, if you have served a statutory demand but have then obtained another money judgment against the company, do you include both...
Produced in partnership with Alexander Stewart of Hogarth Chambers 9th Jun
Q&As

Where a claimant in ongoing litigation is declared bankrupt do they have standing to continue with the litigation?

Where a claimant in ongoing litigation is declared bankrupt do they have standing to continue with the litigation?The presentation of a bankruptcy...
9th Jun
Q&As

Are the decisions of the First-tier Tribunal (Property Chamber) binding upon its self?

Are the decisions of the First-tier Tribunal (Property Chamber) binding upon its self?In civil proceedings, the doctrine of stare decisis (to stand by...
Produced in partnership with Georgia Whiting of Ardmore Group Limited 9th Jun

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