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Lack of particularisation of a claim not a ground to resist enforcement
In AMD Environmental Ltd v Cumberland Construction Company Ltd [2016] EWHC 285 (TCC), Coulson J held that a dispute had crystallised between the parties so that the adjudicator had jurisdiction to decide the matter which had been referred to him. He..
Online Published Date:
11 April 2016
Appeared in issue:
Vol 33 No 04 - 09 April 2016
Adjudicator had jurisdiction to decide terms of contract
In Penten Group Ltd v Spartafield Ltd [2016] EWHC 317 (TCC) Coulson J held that an adjudicator did have jurisdiction to decide that the parties’ rights and obligations were governed by the terms of a letter of intent. The factsThe defendant,..
Online Published Date:
11 April 2016
Appeared in issue:
Vol 33 No 04 - 09 April 2016
Adjudicator did not have jurisdiction to deal with two disputes at the same time
In Deluxe Art & Theme Ltd v Beck Interiors Ltd [2016] EWHC 238 (TCC) Coulson J held that an adjudicator did not have jurisdiction to deal with two disputes between the same parties at the same time. Paragraph 8 of the Scheme for Construction..
Online Published Date:
11 April 2016
Appeared in issue:
Vol 33 No 04 - 09 April 2016
Vicarious liability still on the move
The Supreme Court has given two recent decisions which have considerable significance for the law relating to vicarious liability. In Cox v Ministry of Justice [2016] UKSC 10, [2016] 2 WLR 806 the Supreme Court affirmed that vicarious liability can..
Online Published Date:
11 April 2016
Appeared in issue:
Vol 33 No 04 - 09 April 2016
Incorporation of standard terms and the Unfair Contract Terms Act 1977
In Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd [2016] EWHC 76 (TCC), Edwards-Stuart J held that cl 12(d) of the second defendant’s standard terms had not been incorporated into the contract between the parties. Having..
Online Published Date:
11 April 2016
Appeared in issue:
Vol 33 No 04 - 09 April 2016