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Case review 2020-10-30
In one of the most significant decisions dealing with the interplay between insolvency and adjudication since the Supreme Court judgment in Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited [17.06.20], the Technology and Construction Court considered John Doyle Construction Limited’s application for summary judgment to enforce an adjudicator’s decision.
Article 2020-10-30
This update includes a round-up of recent court decisions dealing with arguments of manifest injustice in enforcement proceedings, retention, adjudication procedure and further consideration of the interplay between the insolvency and adjudication regimes.
Case review 2020-10-29
In VB Leaseco Pty Ltd (Administrators Appointed) v Wells Fargo Trust Company, National Association (trustee) [2020] FCAFC 168, the Full Federal Court of Australia has overturned a first instance decision requiring Virgin’s Administrations to redeliver leased aircraft engines to Florida.
Article 2020-10-28
Tucked away at section 100 and Schedule 13 of the Finance Act 2020 (FA 2020) are some significant and wide ranging provisions that relate to circumstances in which directors (and others) can find themselves held personally liable for their company’s tax debts within an insolvency context. The provisions apply to LLPs as well as companies. This article considers the circumstances pursuant to which such liability can arise for those involved in company management with reference to the issue of repeated company insolvency.
Article 2020-10-13
Following our last two articles in our series regarding “modern methods of construction” , this article will focus on contractual issues to be considered when drafting contracts related to projects using MMC and in particular, off-site construction.
News 2020-10-09
We are pleased to announce that the publication of the 2021 edition of The Legal 500 UK has seen us ranked as a ‘top-tier firm’ in nine practice areas.
News 2020-10-08
Kennedys has hired Amanda Hanmore as its new UK Head of Real Estate and Construction, as it targets further growth in this sector. Amanda is joining Kennedys from Trowers & Hamlins, where she headed the Birmingham real estate department.
Article 2020-10-08
The recent changes to the Use Classes Order 1987 and Permitted Development rights regime covered in our previous article, although now in force, have been met with a legal challenge by the Rights: Community: Action group (RCA).
Article 2020-10-05
In the second of our series of articles intended to introduce new users to the NEC (New Engineering Contract) suite of contracts, and with particular focus on its proposed use on the NRC Project in Peru, we explore the general principles of NEC design liability.
Case review 2020-09-29
The court was recently asked (RSK Environment Ltd v Hexagon Housing Association Ltd [30.07.20]) to determine, via the Part 8 procedure, whether the nature and scope of a consultant's duty of care in tort was limited by the terms of its appointment with a third party.
