In this episode, Melissa Shipley discusses the TCC’s judgment in OD Developments v Oak Dry Lining Limited [2020] EWHC 3854, a lesson in the perils of letters of intent.

David Sawtell considers a case raising the practical point of when incurred, as opposed to fixed, costs under Part 45 would be appropriate where a judgment in respect of an adjudicator’s decision is secured by a charging order.

Many of the decisions following Bresco have involved companies in liquidation. David Sawtell considers a case where the claiming company was in administration and where any final decision would be referred to arbitration, not litigation.

On occasion, the TCC can be persuaded to grant a stay of execution of a judgment enforcing an adjudicator’s decision where enforcement would cause manifest injustice. David Sawtell looks at the latest example of this unusual scenario.

David Sawtell looks at recent statistics on the use of adjudication in Ireland published in the Irish government’s Fourth Annual Report since the commencement of the Construction Contracts Act 2013.

In this episode, David Sawtell discusses Engie Fabricom (UK) Limited v MW High Tech Projects UK Limited [2020] EWHC 1626 (TCC), where O’Farrell J considered the different factors to be considered when looking at whether the primary activity of a site is power generation.

In this episode, David Sawtell discusses the TCC’s decision in WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC). In this case, the adjudicator made a declaration that one party was liable to pay another party, but did not make an order for payment. The TCC had to decide whether it had the jurisdiction to make an order for payment, or if the parties would have to go to another adjudication.

In this episode, Melissa Shipley discusses the TCC’s judgment in Rochford Construction Limited v Kilhan Construction Limited [2020] EWHC 941 (TCC). The Court’s decision that a final date for payment cannot be pegged to an event, such as an invoice, has potentially significant ramifications.

Kingstone Civil Engineering Limited and Lane End Developments - Melissa Shipley