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04 March 2016
Issue: 7689 / Categories: Case law , Law digest , In Court
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Building contract

AMD Environmental Ltd v Cumberland Construction Company Ltd [2016] EWHC 285 (TCC), [2016] All ER (D) 169 (Feb)

The Technology and Construction Court allowed an application to enforce an adjudicator’s decision in circumstances where the dispute between the parties had crystallised by the time the notice of adjudication was issued and the adjudicator had not acted in breach of natural justice in having sought to obtain, and having obtained, further information from the claimant which had not been provided previously. It was wrong in principle to suggest that a dispute had not arisen until every last particular of every last element of the claim had been provided. Further, it was not unfair if an adjudicator was given information during the adjudication which had not previously been available (whether it had been previously requested or not).

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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