Knowledge

In a recent construction dispute, the Technology and Construction Court considered whether an adjudicator lacked jurisdiction where a referral concerned disputes under two separate contracts.

In a dispute between a contractor and subcontractor, the Technology and Construction Court faced a ‘novel’ argument that the absence of jurisdiction in relation to one adjudication rendered a decision in a subsequent adjudication a nullity. 

The Inner House of the Court of Session has provided much-needed guidance on the renewal of existing agreements between mobile network operators and site providers under the Electronic Communications Code.

What criteria must athletes born overseas meet to represent their resident country? How are athletes selected, and how can they dispute selections? 

A recent dispute arising from the construction of a bus interchange highlights the importance of being aware of contractual requirements regarding notifications, as failure to adhere to these may have significant consequences. 

What is the appeals process for athletes who have been convicted of a doping violation by UK Anti-Doping, and what sanctions might they face? 

One of the greatest challenges sporting regulators face is developing and implementing a regulatory regime that can respond to the pace of scientific, technological and pharmacological advances. How have anti-doping regulations progressed over time?

The pandemic has highlighted excellent opportunities to make a positive environmental impact by adopting more sustainable work practices, writes Jamila Archibald, a solicitor in our property and infrastructure disputes team.

When a borrower is in default and a lender is considering relying on its floating charge to appoint administrators to the borrower, there are a number of factors to consider. In this article, we look at some of the key considerations and some recent cases that highlight potential pitfalls in the appointment process.

In dealing with a strike-out application in a professional negligence case, the Technology and Construction Court (TCC) in England has provided some useful comment on how to tackle disputes involving thousands of variations, and when and how ‘sampling’ can be used to assist the court.

Information for creditors relating to the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020/131.

The Trade and Cooperation Agreement that took effect from 1 January 2021 arguably only concludes the first chapter in the UK’s post-Brexit relationship, with EU negotiations set to continue over the coming months and years. In this article, our trade and commerce experts address rules of origin, one of the key changes set to affect traders under this deal.

Hamish Lean, Head of Rural Property and Business, outlines rights regarding agricultural tenancies which are set to come into force at the end of February.

Employer debt is one of the most critical and fundamental elements of the UK’s defined benefit (DB) pension regime, this article provides background and key tips for managing debt.

This Technology and Construction Court case relates to the adequacy of the payment provisions within a construction contract, and whether the contractor was entitled to a “final account”, or whether its entitlement was limited to a series of interim payments.

As the UK and Scottish Governments carry out consultations on cash retentions in the context of construction contracts, a recent judgment confirms that the proper purpose of retention is to incentivise rectification of any outstanding defects, or as security for the loss incurred if they are not.

A recent decision by Lord Tyre in the case of Van Oord UK Ltd v Dragados UK Ltd 2020 CSOH 87 provided an interesting discussion of issues relating to the omission of work, breach of contract, Compensation Events and Defined Cost Calculations under the NEC3.

It is settled in adjudication that, (1) only the dispute referred in the Notice of Adjudication may be decided by the adjudicator; and (2) a Respondent may advance any defence open to it (which may include set-off).

The Technology and Construction Court (“TCC”) has clarified how these two principles interact in the context of the valuation of an Interim Application.