Legal notes: Seeking restitution through adjudication
Stuart Pemble considers a recent TCC decision allowing a Construction Act adjudicator to award restitutionary damages
163 Search results found
Hard cases do not always make bad law
LEGAL NOTES: A judge facing a sad case correctly applied the law on implied duty to warn
Legal notes: a lawyer’s lot is not a happy one
Stuart Pemble investigates two conflicting cases which highlight some of the difficulties faced in drafting contracts
Legal notes: manifestly enigmatic
Stuart Pemble considers the concept of “manifest injustice” in the enforcement of adjudicators’ awards
Legal notes: Conclusive finality
Stuart Pemble considers a recent challenge to a Joint Contracts Tribunal final certificate.
Legal notes: Fathoming the unfathomable
Stuart Pemble considers two deceptively simple questions: what counts as a dwelling, and when is it fit for habitation?
Legal notes: intentional causative participation
The High Court recently considered the rarely-seen tort of procuring a breach of contract
One heck of a way to retire
It’s fair to say that Ramsey J did not pull any punches as he left the High Court bench. Stuart Pemble considers one of his final judgments
Hopes and fears: the year in review
EG’s Legal Notes team – Allyson Colby, James Driscoll and Stuart Pemble – are feeling festive as they reflect on the year’s most notable property cases
The law of unintended consequences
Can a party with the benefit of third party rights under a construction contract refer a dispute to adjudication? Stuart Pemble considers the issues
