header-logo header-logo

13 August 2009
Issue: 7382 / Categories: Case law , Law digest
printer mail-detail

Building contract

Windglass Windows Ltd v Capital Skyline Construction Ltd and another [2009] EWHC 2022 (TCC), [2009] All ER (D) 17 (Aug)

Section 111 of the Housing Grants Construction and Regeneration Act 1996 required a withholding notice which set out grounds for withholding money otherwise due; any argument to the contrary went against the express words of the section.

Moreover, the Act did not permit a party to put in an ineffective withholding notice and then, in the subsequent adjudication, seek to put together an entirely different justification for withholding payment.

The Act emphasised the obligation on the paying party to give good reasons, there and then and in advance of the date for payment, if any part of a sum otherwise due was not going to be paid. If that paying party did not do so, then it had to “pay now and argue later”.
 

Issue: 7382 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll