Insights: Digby Hebbard

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Supreme Court overturns incompatibility of adjudication and insolvency regimes

Digby Hebbard |

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 […]


Court of Appeal shuts the door on insolvent companies adjudicating

Oliver Tobin, Digby Hebbard |

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).  […]


Liquidation speculation and adjudication

Digby Hebbard |

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 […]


Adjudication - beware the counterclaim

Digby Hebbard |

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 […]


Limitation periods and standstill agreements: How can they impact your claims?

Digby Hebbard |

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 […]


2017 Legal 500 ranks Fladgate across the board

Julian Lewis, Amy Collins, Andrew Kaufman, Graham Spitz, Richard Kaufman, Eddie Powell, Jonathan Hibberts, Helena Luckhurst, Mark Saunders, Alex Kaufmann, Alan Wetterhahn, Mark Harnett, Avram Kelman, Neil Vickers, Michael McCartney, Nigel Gordon, Paul Airley, Gideon Dabby-Joory, Digby Hebbard, Alexander Wildschütz, Simon Ekins, Mark Buckley, Janet Keeley, Eugene Matveichuk, Bree Taylor, Sophia Purkis, Steven Mash, Jeremy Whiteson, Stephen Lewis, Alison Mould, James Earl, Mike Tremeer, Kim McMurray, Teresa Cullen, Ian Brent, Amanda Hado-Bodfield, David Weare, Gary Smith, Luke Morris, Seetal Modi, Jenny Sargeant, Richard Reuben, Grant Gordon, David Robinson, Taj Rehal, David Baverstock |

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 […]


V&A Museum formally opens its new Exhibition Road Quarter

Digby Hebbard |

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 […]


A track record in public attractions

Eddie Powell, Alan Wetterhahn, Digby Hebbard |

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 continues its sponsorship of Constructing Excellence Awards

Digby Hebbard, David Weare |

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 […]


Expert evidence and construction claims

Digby Hebbard |

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 […]


2016 Legal 500 ranks Fladgate across the board

Amy Collins, Graham Spitz, Richard Kaufman, Eddie Powell, Gillian Birkby, Alan Wetterhahn, Mark Harnett, Avram Kelman, Michael McCartney, Nigel Gordon, Paul Airley, Gideon Dabby-Joory, Digby Hebbard, Alexander Wildschütz, Simon Ekins, Mark Buckley, Janet Keeley, Bree Taylor, Sophia Purkis, Steven Mash, Jeremy Whiteson, Alison Mould, James Earl, Mike Tremeer, Kim McMurray, Teresa Cullen, David Weare, Luke Morris, Richard Reuben, Grant Gordon, David Robinson, Taj Rehal |

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 […]


Expert witnesses: Expertise is not enough

Digby Hebbard |

Poor performances by expert witnesses have been highlighted in several recent cases, so how can you ensure yours are up to the job? In construction disputes, the law is often only half the story.  The complexity of construction projects – and the issues which commonly arise – often mean that expert opinion is required to […]