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Building contract

26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2015] UKSC 38, [2015] All ER (D) 185 (Jun)

Following an adjudication pursuant to provisions implied into a construction contract under the Housing Grants, Construction and Regeneration Act 1996, the claimant, A Ltd, made a payment to the defendant, H plc. A Ltd subsequently sought to recover that sum, having commenced proceedings after the time had elapsed when H plc, could bring any claim founded on the original breach of contract or tort. The Supreme Court dismissed H plc’s appeal, deciding that it was a necessary legal consequence of the scheme implied by the Act into the parties’ contractual relationship that A Ltd had to have a directly enforceable right to recover any overpayment to which the adjudicator’s decision could be shown to have led, once there had been a final determination of the dispute.

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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