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Adjudication and natural justice
In Stellite Construction Ltd v Vascroft Contractors Ltd [2016] EWHC 792 (TCC) Carr J held that an adjudicator had not breached the principles of natural justice. The adjudicator had decided the case on the basis of the material before him in..
Online Published Date:
19 May 2016
Appeared in issue:
Vol 33 No 05 - 19 May 2016
Independent contractors and inherently hazardous activities
In Esso Petroleum Company Ltd v Scottish Ministers [2016] CSOH 15 Lord Tyre held that Scots law recognises an exception to the general rule that the employer of an independent contractor is not liable for injury caused to a third party by the fault..
Online Published Date:
19 May 2016
Appeared in issue:
Vol 33 No 05 - 19 May 2016
The meaning of ‘deliberate non-disclosure’
In Mutual Energy Ltd v Starr Underwriting Agents Ltd [2016] EWHC 590 (TCC) Coulson J held that the phrase ‘deliberate non-disclosure’ in an insurance contract meant a deliberate decision not to disclose something which the insured knew should be..
Online Published Date:
19 May 2016
Appeared in issue:
Vol 33 No 05 - 19 May 2016
Exclusion of liability for consequential loss
In Transocean Drilling UK Ltd v Providence Resources Plc [2016] EWCA Civ 372 the Court of Appeal held that the claimant was not liable to the defendant for the costs of personnel, equipment and services contracted from third parties which were..
Online Published Date:
19 May 2016
Appeared in issue:
Vol 33 No 05 - 19 May 2016
No injunction to restrain call under performance bond
In J Murphy & Sons Ltd v Beckton Energy Ltd [2016] EWHC 607 Carr J held that the claimant was not entitled to a declaration that it was not liable to pay liquidated damages to the defendant. As a matter of construction of the contract between..
Online Published Date:
19 May 2016
Appeared in issue:
Vol 33 No 05 - 19 May 2016