In July 2019, ICC Judge Barber in Martin v McClaren Construction Limited [2019] EWHC 2059 (Ch) was tasked on an application to set aside a statutory demand under Rule 10.5(5)(d) of the Insolvency Rules 2016 (“IR 2016”)...
Approved inspectors of buildings are a feature of the construction site. They do not, however, owe a duty under section 1 of the Defective Premises Act 1972.
Severance of adjudicator’s awards has, at least up until now, been a judicial tool used only sparingly in relation to TCC enforcement proceedings...
In a recent TCC decision, Mrs Justice O’Farrell has reiterated that the Courts will enforce contractual dispute resolution procedures and give parties every opportunity to settle disputes before pursuing litigation.
To adopt the description of my learned colleague in Chambers: “This is absolutely massive. Was justiciable and was unlawful. Prorogation was void and of no effect.”