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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll