Enforcement of adjudication awards: Prater Limited v John Sisk & Son [2021]
Prater Limited v John Sisk & Son (Holdings) Limited was handed down in the TCC in April 2021. The case will be of interest to lawyers and construction professionals managing the enforcement of adjudication awards. In the context the enforcement of an adjudication decision, the court was asked to determine whether the adjudicator had jurisdiction […]
Covid-19, Legal Certainty and Commercial Leases
Judgment was given in the case of Bank of New York Mellon (International) Limited v Cine UK Ltd AEW UK Rent plc v Sports Direct.com Retail Ltd: AEW UK Rent plc v Mecca Bingo Ltd on 22 April 2021. Background The claimants were landlords, who had brought claims for non-payment of rent during the Covid-19 […]
Expert Witnesses: Oaklion Properties Ltd v Denbighshire County Council [2021]
Oaklion Properties Limited v Denbighshire County Council was heard in the Upper Tribunal (Lands Chamber) in January 2021, and the decision was handed down on 12 March 2021. The case was concerned with the compulsory purchase of a property and what value should be attributed to that property. The points that the tribunal made about […]
Dealing With Commercial Disputes
On 28 November 2019, I was delighted to be invited to speak at the AMPS Power Connections Conference in Manchester. My presentation was a whistle stop tour of the litigation process in England and Wales. I explained that dealing with court proceedings can be unpredictable and expensive and that it is therefore important to get […]
Negligent Survey Claims, Loss and Missing Concrete Evidence
It is well established that the measure of loss in a claim against a surveyor for a negligent report is the diminution in value of the property, and not the cost of repairs. However, in the recent Court of Appeal case of Moore and another v National Westminster Bank, the court assessed the claimants’ loss […]
Calculating Loss in Valuers’ Negligence Claims
This blog considers the case of Tuita International Limited (in liquidation) v De Villiers Surveyors Limited [2017] UKSC 77 which was handed down on 29 November 2017. The Supreme Court has confirmed how damages in negligence claims against valuers ought to be assessed. This widely reported case will be of interest to banks and other […]