NEC3 Contracts – Have you agreed to a change to your Contract orally or by conduct or does it need to be in writing (Clause 12.3)
“…Courts will never construe words in a vacuum…” Sir Thomas Bingham MR in Arbuthnot v Fagan [1995] CLC 1396 Charles Edwards, Head of Chambers and Barrister, reviews the recent Court of Appeal decision in Globe Motors, Inc & Ors v TRW Lucas Varity Electric Steering Ltd & Anor [2016] EWCA Civ 396, which provides useful guidance with […]
Talk on Letters of Intent on 11th September 2019 on behalf of the CICES at Middle Temple
We are delighted to announce that Charles Edwards, FCInstCES MSt(Cantab) MSc(Lond) Barrister and Head of Chambers is giving a talk on behalf of the Chartered Institution of Civil Engineering Surveyors on 11th September 2019 on Letters of Intent at Middle Temple. Places are limited. To book a place, please do so on the Chartered Institution of […]
The Adjudicator simply got it wrong: Challenging Adjudicators’ decisions using Part 8 proceedings in the High Court – Guidance from the TCC
Charles Edwards, Barrister and TECBAR Adjudicator, reviews the case of Hutton Construction Ltd v Wilson (London) Properties Ltd [2017] EWHC 517 (TCC). This matter involved a summary judgment application for the enforcement of an Adjudicator’s decision in the sum of £491,944.73. The Defendant sought to challenge the enforcement of an Adjudicator’s decision by way of […]
NEC3 Conditions of Contract (as amended): How many potholes constitute a Compensation Event? – Adjudication, Arbitration and then High Court (TCC)
“…Socrates to Hermogenes: ‘Well, now, let me take an instance; suppose that I call a man a horse or a horse a man, you mean to say that a man will be rightly called a horse by me individually, and rightly called a man by the rest of the world; and a horse again would […]