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Introduction This Q&A considers the decision in Paragon v FK Facades where the TCC held, in the first direct authority on the point, that an assignee (Paragon) was entitled to adjudicate under a construction contract. See CaseAnalysis: High Court confirms assignee’s right to adjudicate under JCT Contract and Scheme for Construction Contracts (Paragon Group Ltd v FK Facades). The judge, HHJ Stephen Davies, was clear in his view that the point was finely balanced. This Q&A asks what tipped that balance in favour of Paragon and why the TCC rejected the defendant contractor’s arguments that Paragon, as an assignee, had no right, to refer its claim against FK to adjudication. Background The dispute arose from a contract for remedial works to the roof of a commercial property in Greater Manchester. The contract was an amended JCT Minor Works Building Contract 2016 made between FK and Office Depot International (UK) Ltd (Employer). After an assignment by the Employer to OT Group Ltd (OTG),
PRACTICE NOTES
Relevant Q&As Date Q&A Brief description of Q&A 3 June 2024 Is it market practice and enforceable to charge compounding default interest on overdue and unpaid principal and interest or only overdue and unpaid principal? This Q&A considers whether compound default interest can be charged on overdue and unpaid principal and interest in a loan transaction or whether it can only be charged on the overdue and unpaid principal.It refers to the default interest provisions in Clause 11.4 of the LMA investment grade facility agreement. 23 November 2021 When drafting a multicurrency facilities agreement, should I use the recommended conventions for Sterling loans for loans in other currencies? This Q&A looks at the question of whether recommended conventions for Sterling loans can be used for loans in other currencies.It refers to the LMA risk-free rate based facilities agreements. 13 May 2019 What is the logic, under the Loan Market Association leveraged facility agreement, for the split in conditions precedent (CP) between 'CPs to signing the agreement'
Q&As
Q My client (an individual) is a bankrupt—is he entitled to have his disclaimed property re-vested in him? Scenario My client was the sole proprietor of a freehold, dwelling-house prior to being declared bankrupt. The official receiver disclaimed the property. The mortgagee of the property has not initiated possession proceedings. Is it possible for the bankrupt to have title to his home re-vested in him either now or once the bankruptcy order has been discharged? A As at 13/01/2014. NB: you will also need a subscription to Lexis+® UK, Property to view some of the related content. • The relevant starting point in this scenario is the effect of the disclaimer on the property and the parties’ interests in it. Please see our Overview on disclaimer and Practice Note covering the effect of disclaimer
NEWS
The QBD has struck out parts of the claimant’s particulars of claim as being irrelevant and therefore contrary to the overriding objective. In doing so, it has given valuable guidance to practitioners on what should and should not be included within parties’ statements of case.
GLOSSARY
The Corporate Governance Code published by the Quoted Companies Alliance (QCA).
GLOSSARY
The Corporate Governance Code published by the Quoted Companies Alliance (QCA).
NEWS
The Quoted Companies Alliance (QCA) has published a new suite of boardroom guides, including updated versions of its Remuneration Committee Guide and Audit Committee Guide, along with its first-ever Nomination Committee Guide. The guides are designed to support growing companies in developing best practices that attract and retain investors while building long-term value. They complement the QCA's Corporate Governance Code, refreshed in 2023, and the Environmental and Social Guide issued in December 2024. The guides provide flexible governance frameworks for companies listed on AIM, Aquis and the Main Market, as well as for private companies seeking to enhance their governance standards.
NEWS
Law360, London: QIC Europe Ltd has argued that it is not obliged to cover alleged losses sustained by the owner of a restaurant chain after it temporarily closed sites at the height of the coronavirus (COVID-19) pandemic because there were no cases of the virus 'within the immediate vicinity' of the premises.
NEWS
Arbitration analysis: The Qatar International Center for Conciliation and Arbitration (QICCA) is the leading arbitral institute in Qatar. On 1 January 2025, QICCA launched its new arbitration rules (‘the 2024 Rules’), updating its previous 2012 Rules. The 2024 Rules introduce, for the first time, provisions relating to consolidation, expedited proceedings and emergency arbitration, among others. Updates have also been introduced to reflect technological advances, and to enhance efficiency. These changes further align QICCA’s rules with international best practices, ensuring that the arbitration process under the 2024 Rules is streamlined and efficient, and enhancing transparency and adaptability to modern arbitration demands. Parties should familiarise themselves with the 2024 Rules and consider updating their arbitration agreements.
NEWS
The Qatar International Centre for Conciliation & Arbitration (QICCA) has concluded its 5th world conference on international arbitration with several significant recommendations for enhancing arbitration practice. Key proposals include allowing Court of Cassation review of arbitration award rulings, seeking UNCITRAL guidance for legislation drafting, and developing guidelines for arbitrator conduct and appointments in ad hoc arbitration. The conference affirmed the importance of applying the law of the arbitration seat to international agreements and called for improved arbitrator disclosure rules. Discussions also covered arbitrator ethics, qualifications, and the role of national courts in supporting arbitration. These recommendations aim to strengthen arbitration processes and align practices with international standards
NEWS
The Qatar International Center for Conciliation and Arbitration (QICCA) has adopted new arbitration rules which came into effect on 1 January 2025. These updated rules aim to provide a comprehensive and uniform legal framework for commercial arbitration, conciliation and mediation procedures. Key features include provisions for third-party funding, consolidation of arbitrations and appointment of arbitrators in multi-party disputes.
NEWS
The Qatar International Centre for Conciliation and Arbitration (QICCA) has launched a new package of electronic services through its website. QICCA is revamping its digital infrastructure to provide electronic services that makes arbitration processes faster and more efficient for resolving commercial disputes. The goal is to streamline procedures, making it easier for individuals and businesses to navigate disputes. Some of the new services includes submission of arbitration claims and requests allowing users to initiate arbitration processes online and electronic filing of notices including notices of arbitration and response to the notice of arbitration, reducing paperwork and delays.