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26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
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Building contract

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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