Since the first supplement was published in November 2013 there have been a number of important developments.
This second cumulative supplement provides coverage and commentary on the latest cases and decisions and looks at the impact of the issues arising from them.
The new supplement:
Features coverage of the Supreme Court decision on representation in Cramaso v Ogilvie-Grant
Discusses Court of Appeal decisions on a range of issues including:
- The effect of entire agreement clause in Mears v Shoreline
- The conflicting decisions in Aspect v Higgins and Walker v Quayside, now the subject of appeal to the Supreme Court
- The effect of limitation and the availability of restitution in final proceedings arising from adjudication decisions
- The effect of exclusion clauses on injunctions to prevent breaches of contract in AB v CD
- Penalty principles to be applied to liquidated damages clauses in Makdessi v Cavendish Square
- The effect on costs of not responding to an offer of mediation in PGF II v OMFS
Looks issues arising from the Technology and Construction Court including:
- Difficulties with contracts founded on estoppel (Liberty Mercian v Cuddy)
- Notice provisions (Obrascon v A-G for Gibraltar)
- Defective Premises Act claims (Rendlesham Estates v Barr)
- When adjudication proceedings are commenced (University of Brighton v Dovehouse)
- Third party rights to adjudicate (Hurley Palmer Flatt v Barclays) The obligation of due diligence (Sabic v Punj Lloyd)
Covers the impact of the implementation of the 2014 Directives in the area of public procurement
