Legal notes: Claimants, do your duty
The Court of Appeal has provided welcome clarity regarding a claimant’s duty to mitigate its loss. Stuart Pemble summarises the good news
The Court of Appeal has provided welcome clarity regarding a claimant’s duty to mitigate its loss. Stuart Pemble summarises the good news
Serial adjudication – where parties issue numerous notices of adjudication against each other – is the latest tactic to fall foul of the TCC
In 1923, the judge famously coined the phrase “not only must justice be done, it must also be seen to be done. Stuart Pemble highlights its continued importance
LEGAL NOTES The TCC has dismissed a limitation challenge to a claim arising out of the NHBC Buildmark Scheme
Property and construction professionals should exercise caution when providing professional assistance to friends. Stuart Pemble tells a cautionary tale of woe
So called ‘smash and grab’ adjudications were all the rage in 2015, but Stuart Pemble welcomes a recent Court of Appeal decision as perhaps the beginning of the end for this tactic
The Supreme Court may have rewritten the rulebook on penalty clauses, but what difference will the decision have in practice? Stuart Pemble, Isabel Teare and Miranda Whiteley offer some deep thought on the matter
The Court of Appeal has clarified the rules regarding remoteness of damage. Stuart Pemble explains
Coulson J’s decision in Severfield (UK) Limited v Duro Felguera UK [2015] EWHC 3352 (TCC) could well be the first salvo in an attempt to amend a key part of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”).
This December, the Legal Notes team of Allyson Colby, James Driscoll and Stuart Pemble have been visited by an angel, who offered them a tantalising glimpse of what could have happened if things had been otherwise in the courts in 2015