Courts take broad view on exclusion clauses

Shona Frame of CMS examines exclusion clauses, which recently came under the scrutiny of the courts. These recent decisions suggest that broad interpretations of the losses intended to be excluded are likely to prevail over linguistic arguments as to how particular phrases might be applied in varying circumstances.

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Do I need an expert?

The courts have discretion in controlling how much, and whether, expert evidence is required or permissible. Barrister Paul Newman of 3PB reviews recent case law that touches upon the question of whether in the opinion of the courts expert evidence is required.

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Remedies in procurement challenges

Challenges to public sector contract awards are becoming more common, particularly for larger framework type arrangements. Cecily Davis of Fieldfisher looks at recent challenges that reached the courts – could a court order who a contract should be awarded to? 

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What does ‘time at large’ mean?

Barrister Omar Eljadi of Atkin Chambers says the judicial rationale for doubts over whether time is set at large when no extension is awarded might be open to question. A deeper examination of the prevention principle is needed, he argues.

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When enthusiasm outweighs common sense

Vijay Bange of Trowers & Hamlins analyses an enforcement of an adjudicator’s decision which highlights that even though an adjudicator is appointed under a contract which later transpires to be the incorrect one, the adjudicator will have jurisdiction if the basis of his appointment remains the same. 

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Beware of indemnity limits

Insurance expert John D Wright of JD Risk Associates warns about the importance of selecting a suitable level of limit on a professional indemnity or public liability policy. Aggregation clauses can mean that the limit is less than thought.

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Adjudicator’s decision was not predetermined

In our latest alternative dispute resolution series article Russell Banfi of Clyde & Co examines a case that highlights why adjudicators need to be wary of challenges to decisions based on alleged breaches of natural justice.

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Infrastructure red flags ignored

How serious is the government about its regularly repeated commitment to the large scale infrastructure investment that commentators agree is vital to securing the UK’s economic future?

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Murphy loses case over delayed East London power plant

Civil engineering contractor J Murphy & Sons has lost a battle in the High Court to stop the client of its Combined Heat and Intelligent Power Plant project in East London calling an on demand performance bond.

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Water tank firms admit to illegal cartel

Three businesses have agreed to pay fines totalling more than £2.6M after they admitted to taking part in an illegal cartel relating to the supply of cylindrical galvanised steel tanks in the UK.

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