Adele Parsons provides an update on the reforms to the Arbitration Act 1996. These limited reforms focus on maintaining the effectiveness and efficiency of the arbitral process.
Our collective thoughts
The recent Court of Appeal case of Sudlows Limited v Global Switch Estates 1 Limited provides an excellent example of why serial adjudications should be approached with caution. The Court’s decision provides an extremely helpful summary of the key principles to be deployed by adjudicators (and party representatives) in working out if the dispute referred has already been determined.
The Court of Appeal’s recent judgment in URS Corporation v BDW Trading Ltd provides useful guidance on key sections of the Building Safety Act 2022 and the Defective Premises Act 1972, relating to fire safety claims.
The Court of Appeal’s recent judgment in FM Conway Ltd v The Rugby Football Union and ors provides a comprehensive assessment of key issues affecting insurance options for construction projects. Senior Associate Andrew Jeffcoat reports on the decision.
Katherine Butler returns to the topic of “expert shopping” with a review of two recent TCC decisions that should serve as cautionary tales for anyone looking to engage in the proscribed practice.
Laura Bowler considers the recent decision of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others  EWHC 3275 (TCC).
In December 2022, the Technology and Construction Court handed down its decision in LDC (Portfolio One) Limited v (1) George Downing Construction Ltd and (2) European Sheeting Ltd  EWHC 3356 (TCC), which is only the second substantive decision of the Court concerning cladding defects post-Grenfell after Mulalley & Co Ltd v Martlet Homes Ltd  EWCA 1813 (TCC).