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The court considered the application of two clauses seeking to exclude and limit liability in the case of Polypearl Ltd v E.ON Energy Solutions Ltd.
Clauses that were a rarity three or four years ago are now increasingly being tabled in the negotiation phase of a building contract or consultant’s appointment.
Estoppel and waiver are closely linked legal principles that are both fundamentally concerned with fairness.
On 2 October 2014, the government announced that the Renewables Obligation will close to new large-scale solar above 5MW with effect from 1 April 2015.
This case has highlighted the question of whether there is a ‘gap’ in clause 20 of the FIDIC conditions where arbitration is chosen as the final method of dispute resolution.
Lord Justice Jackson gave a keynote speech at the Costs Law and Practice Conference on 30 September, making a number of comments on the progress of his reforms.
The Swiss court recently had to decide whether the parties were obligated to use the dispute adjudication board procedure prior to referring the dispute to arbitration.
One aim of the revisions is to embed the health and safety role into the project team by replacing the role of the CDM coordinator with a principal designer.
The Alliance Associates Weekend is now an annual event focused on growing the international prospects of aspiring associates and senior associates.
The Pensions Regulator has issued details of additional information that trustees will be required to include in scheme return submissions.
The Pension Schemes Bill is currently working its way through the parliamentary process.
A frequent question for pension lawyers is the extent to which trustees are required to give reasons for their decisions.
Because of a history of litigation between a landlord and its tenants, the landlord was justified in refusing to grant the tenants a new business lease.
In a recent case, it was the tenant of certain floors and the car park in an office building where it paid service charge calculated by deducting the annual expenditure from the gross annual expenditure.
The Thames Tideway Tunnel, nicknamed London’s new ‘super-sewer’, received planning consent on 12 September 2014.
The court has stated that a tenant’s refusal to co-operate with the covenants under her lease would be reason enough to allow her landlord to oppose her request for a new tenancy.
The case of Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd raised the idea that deeds of warranty could be construed as construction contracts.
Ensuring your rates of liquidated damages are a ‘genuine pre-estimate of loss’ is no longer enough to ensure that they will not later be held to be a penalty.
A global survey published by the Global Privacy Enforcement Network has found an alarming degree of data privacy failings among mobile apps.
When undertaking due diligence exercises in property purchases, a standard construction enquiry is usually raised of the seller to ask if there is a health and safety file.