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29 January 2016
Issue: 7684 / Categories: Case law , Law digest , In Court
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Building contract

RMP Construction Services Ltd v Chalcroft Ltd [2015] EWHC 3737 (TCC), [2016] All ER (D) 92 (Jan)

The Technology and Construction Court granted the claimant’s application for summary judgment to enforce an adjudicator’s award in its favour for works it had carried out, under a construction contract, for the defendant. When considering whether to enforce adjudicators’ decisions, a distinction had to be drawn between jurisdictional challenges to enforcement and challenges alleging substantive error. The adjudicator in the present case had had jurisdiction because, however, the contractual arrangements between the parties were correctly to be described, they mandated the use of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) and the adjudicator had been properly appointed by the scheme’s procedure.

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Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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