The Supreme Court’s judgment of June this year in Bresco v MJ Lonsdale attracted considerable publicity. The Supreme Court decided that the statutory adjudication and insolvency regimes were not incompatible and as such, liquidators were permitted to pursue claims through adjudication. Although the right to pursue claims through adjudication is one thing, enforcing an adjudicator’s […]
The Supreme Court today issued its judgment in Bresco v MJ Lonsdale and in doing so, has resolved the apparent conflict between the statutory adjudication and insolvency regimes. In short, the Supreme Court decided there was no incompatibility between the two, which paves the way for liquidators to pursue claims through adjudication. The decision is […]
The Court of Appeal today handed down a judgment confirming the interplay between construction adjudication and the insolvency regime. Fladgate acted for the successful respondent. The appeal was from a decision of the judge in charge of the Technology and Construction Court in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation). […]
Most involved in the construction industry will at some point have encountered insolvency. Institutionally tight margins and weighted risk-sharing regrettably have pushed and will continue to push companies, particularly on the contracting side, to the wall. Insolvency during live construction projects can be particularly problematic because replacement contractors need to be procured to complete the […]
A key consideration for a party before commencing an adjudication is what the defending party might say or claim in reply, because the courts adopt a generous approach to whether a defence or counterclaim is within the scope of the dispute. Broadly, no matter how narrowly defined a dispute referred to adjudication might be, at […]
What do contractors need to be aware of when considering limitation periods, and how can it affect the claims they make? Claims arising from construction projects often require consideration of the law of limitation. Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature […]
Fladgate LLP is delighted to have achieved across the board rankings in the recently launched 2017 edition of the Legal 500 Guide to the UK Legal Profession. The firm achieved 26 rankings, with 59 lawyers attaining 91 individual recommendations. Commercial contracts Fladgate LLP enhanced its commercial contracts offering with the recruitment of James Earl, an expert in the […]
On 30 June, the V&A Museum formally opens its new Exhibition Road Quarter. This c£50m construction project involved creating a stunning new entrance, courtyard and purpose-built gallery for the historic South Kensington site. Fladgate’s construction team, led by Digby Hebbard, acted for the V&A throughout this exciting project. We initially engaged in connection with procurement and […]
Fladgate has a well-established practice and a long history of advising on projects in the public attractions and themed entertainment sectors, including tourist attractions, theme parks, cultural institutions, theatres, museums, art galleries, zoos and gardens. We represented the Great Exhibition of 1851, and in 1862 we were instructed by Abraham Lincoln, President of the United States, to help set up […]
Fladgate’s construction team is committed to improved industry performance and innovation. It embraces the ideals of Constructing Excellence which enhance the reputation and performance of our world class construction industry. Accordingly, we are proud to announce our continued sponsorship of the Constructing Excellence in London and the South East Annual Awards 2017. The Constructing Excellence […]
Key points: Expert evidence is required in most construction and engineering disputes Experts will usually prepare written reports and may be cross-examined Expert evidence can determine the outcome of construction disputes There have been some recent examples of poor expert evidence performance being harmful to party’s cases Careful consideration and deliberation are always required in […]
Fladgate LLP is delighted to have achieved across the board rankings in the recently launched 2016 edition of the Legal 500 Guide to the UK Legal Profession. The firm achieved 27 rankings with a further 57 individual recommendations. Commercial contracts Eddie Powell led the advice to MLCG on the negotiation of a multi-year exclusive supply agreement with […]
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