09.04.19
Construction update
The English Court of Appeal has recently reviewed the law relating to when building works can be regarded as practically complete. This is fertile ground for disputes, particularly in the absence of clearly defined requirements under the relevant building contract. To that end, this recent case provides welcome guidance and is broadly consistent with existing Scottish rules on the subject.
In Mears Ltd v. Costplan Services (South East) Ltd & Others [2019] EWCA Civ 502, a dispute arose in connection with the room sizes for new build student accommodation. It was accepted by...
04.04.19
Brexit
At the time of writing, Brexit is scheduled to take place at 11pm on 12 April 2019. While the UK Government intends to ask for a further extension, the EU27 would have to agree to that. A no-deal Brexit on 12 April therefore remains a possibility, and unless and until something else is agreed, it remains the default option.
In the event of a no-deal Brexit, the right to move goods freely between the UK and the EU would be lost and trade would revert to World Trade Organization (“WTO”) rules and principles. But what does this actually mean? And what are the implications for your business...
03.04.19
Construction update
The English Court of Appeal decision in Triple Point Technology Inc v PTT Public Company Limited [2019] EWCA Civ 230 found that a liquidated damages provision would only apply with reference to completed works. Therefore if the works are terminated pre-completion, the correct measure of damages would be with reference to actual losses caused by the delay, to the extent that these can be proved.
The facts
Triple Point Technology Inc (“Triple Point”) was a developer of software for use in commodities trading. It supplied software to PTT Public Company Limited (“PTT”), which...
01.04.19
Dispute Resolution & Litigation
In Midlothian Council v Blyth & Blyth & Ors [2019] CSOH 29, the Council sued Blyth & Blyth Consulting Engineers Ltd (along with various other parties) for an alleged failure to advise it to install a ground gas defence system for a social housing development. The properties were ultimately uninhabitable due to gas ingress and were subsequently demolished. The Council raised its action in September 2018 for the costs of demolition and rebuilding.
Lord Doherty held that the Council’s claim was brought out of time and his judgment provides some guidance on the application of...
