Construction dispute success enforcing adjudicator’s award

Temple has developed new ATE/litigation insurance cover specifically designed to assist insolvent referring parties seeking adjudication on a construction dispute and the subsequent enforcement of any adjudicator’s award. The interlinked insurance policies provide indemnities for the adjudicator’s fees, adverse costs, the insured’s disbursements relating to any enforcement proceedings and the final determination proceedings.

Related briefings

Professional negligence: judgment restating the law applicable to professional advisor negligence claims

Manchester Building Society v Grant Thornton [2021] UKSC 20; [2021] 3 WLR 81: This case arose from negligent advice given by the Claimant’s auditor, exposing them to a £32.7 million loss. The key question for the court was whether the scope of the duty owed by the auditor to the Claimant encompassed the losses claimed, or whether the advice given was insufficient to expose the auditor to liability.

Resolution strategies and mandatory mediation

As we emerge from lockdown restrictions litigators should carefully note a speech on 26th March 2021 by the new Master of the Rolls, Geoffrey Vos at Hull University. In this speech he built on recent judicial thinking that parties want a resolution of their dispute rather than an expensive and, until judgment, uncertain adjudication.

What in-house counsel need to know about litigation insurance

Businesses avoid litigation for good reason – it’s time-consuming, expensive and a distraction. The job of in-house counsel is usually to keep their employer as far away from a courtroom as possible. But sometimes litigation cannot be avoided. A claim has to be pursued or defended.

Not just for claimants – insuring defendants

For commercial disputes there is a perception that litigation insurance is only for claimants – and not for insuring defendants. In this article we get under the skin of why that perception exists with commercial litigators.

Latest Briefings

Cartels and the construction sector: Levelling up and screwing down

In recent years, the UK’s construction sector has not had a happy track record with respect to competition law enforcement, where the Competition and Markets Authority has fined construction companies a total of £67 million across five cases. Of particular significance is the increased focus on individual responsibility, as these cases also led to the disqualification of 11 directors and two criminal convictions.

Snapshot: Enforcement of foreign arbitral awards in the Cayman Islands

Foreign arbitral awards may be enforced relatively quickly and easily in the Cayman Islands and the Cayman Islands courts are willing to assist with the recovery of judgment debts. This Snapshot provides an overview of the recognition process and the steps that are then available for enforcement.

Jersey Royal Court concludes there is no substratum rule that applies to Jersey trusts

The Royal Court has recently clarified the Jersey law position of whether a trust is able to lose its substratum. Following analysis of the recent decision of the Bermuda Court of Appeal in Grand View Private Trust Company Limited v Wong & Ors, the Royal Court concluded that there was no substratum rule which applied to Jersey trusts and that powers of addition or exclusion contained within Jersey trusts should be given their natural meaning.

Working with AI

On 23 September 2021 Shoosmiths hosted its latest IHL webinar on working with AI: the key types, implementing AI and what the future might bring. Ian Blackwell represented Next Retail Ltd on the panel, alongside Simon McArdle and Sebastian Price, Commercial Partners at Shoosmiths.

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