The High Court has delivered its first test case judgment providing some certainty on the scope of insurance cover for businesses being hit by Covid 19. Subject to any revision on appeal, this judgment is the authority to define the meaning of “occurrence” of a contagious disease such as the Covid 19 virus. The court […]
The FCA has now completed the first stage of providing clarity regarding the cover available to businesses affected by Covid-19. The FCA’s assessment following a review of the standard types of policies confirms our view that cover will in the majority of insurance products be limited to events of physical damage to the business premises […]
The Financial Conduct Authority (FCA) has requested several insurers to clarify their position on COVID-19 related business claims before seeking guidance from the courts by way of declaratory judgment. The FCA aims to create authoritative case law in anticipation of a flood of disputes over policy wording and COVID -19 cover. This step will indeed […]
There has been a great deal in the press recently about insurers rejecting coronavirus claims and disappointed policy-holders. Some of those speaking publicly on behalf of the insurance industry have not done much to dispel the confusion and get to the nub of the issue. The issue is not one of what the insurer “intended” […]
Fladgate today announces the promotion of Christian Charles to the partnership, effective from 1 April 2020. Christian has a strong track record in advising across the construction industry, from owners, funders and developers on the purchaser side, to contractors, specialists and consultants on the supply side. While advising on a broad spectrum of disputes which […]
The Government’s Expert Panel has now issued a consolidated advice note on fire safety following the Grenfell Tower tragedy. The note provides guidance for building owners to act on as soon as possible, and highlights the importance of doing so promptly to ensure the safety of residents. The new guidance consolidates the 22 Advice Notes […]
Liquidated damages clauses are commonly used in construction contracts to provide the employer with a ready-made remedy for delay. These provisions allow the employer to claim or deduct a specified sum of money without having to prove its actual loss in a claim for damages. In two recent cases , the English courts have considered the important issues in relation to the enforceability and availability of liquidated damages.
“We are all trying to hack out a pathway through a dense thicket of amended legislation, burgeoning case law and ever-changing standard form contracts.” Sir Rupert Jackson, S&T (UK) Ltd v Grove Developments Ltd  EWCA Civ 2448 In a highly anticipated and significant judgment, the Court of Appeal has upheld the decision of Coulson […]
A recent case has clarified when a party may be able to raise a substantive defence to adjudication enforcement. The courts have long made it clear that they will enforce adjudicators’ decisions save in the most exceptional circumstances. In the context of enforcement proceedings, the courts are not concerned with whether the adjudicator got the […]
Background Most construction and engineering disputes are settled by negotiation and without the need for formal dispute proceedings. Where disputes cannot be resolved in this way, a claimant will usually have the option of pursuing its entitlements through statutory or contractual adjudication. In some cases, however, litigation or arbitration will be necessary. Before commencing court […]
Many disputes that arise from construction projects are solved in adjudication – but mediation is an option that should not be overlooked. It is almost inevitable that disputes of some kind will arise during the course of a construction project. These disputes can usually be resolved without the need for formal dispute resolution proceedings. However, […]
Disputes and differences arise in connection with most construction projects, large or small. In our experience, a majority are resolved by the parties without recourse to formal dispute resolution, particularly while projects remain ongoing. Moreover, even the minority which become subject to dispute resolution proceedings appear to us to be settled before determination. In essence, […]
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