This episode explains what insolvency set-off is, and why it causes problems when it comes to enforcing adjudication decisions.

In John Doyle Construction Limited (in liquidation) v. Erith Contractors Limited [2020] EWHC 2451 (TCC), Fraser J explained the principles to be applied and the procedure to be adopted. This episode looks at what the TCC decided.

In this episode, Neil Block QC discusses causation of loss in business interruption claims related to COVID - 19 following FCA v Arch Insurance and others. 

Jonathan Bellamy’s episode deals with the topical question of prevention of access insurance cover in business interruption policies in the light of the current Covid-19 pandemic and the recent court decision in FCA v Arch & ors.

In this episode, Paul Darling QC analyses the circumstances in which the Court will award indemnity costs. What if the case was very weak? What if the claim failed when there was a Defendant’s Part 36 offer? Will the Court of Appeal interfere with a first instance Judge? 

In this episode Marion Smith QC looks at recent case law dealing with third party costs orders. She considers how the court ensures that a liability for costs is shared fairly as between the losing party and (1) an expert and (2) a third party funder. 

What were the early experiences from the Pilot? What has amounted to “good reason” in notable cases? How will the Court deal with phases if it finds there is a good reason to depart?  Shaman Kapoor covers the ground in this episode.

In this episode, Judith talks about the problems in costs management caused by the divide between incurred and budgeted costs, and the recent changes to PD3E.  She also talks about budget revision and yet more changes to come to budgeting, with a whole new procedure for revision.

Peter Hurst, former Senior Costs Judge, with an introduction to the four episodes in the ‘Current Topics in Commercial and Construction Costs’ mini-series.