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13 August 2009
Issue: 7382 / Categories: Case law , Law digest
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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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