Mon, 16 Jan 2023 15:04:43 +0000Captivate.fm39 Essex Chambershttps://artwork.captivate.fm/91c3de47-2a8e-4466-8bba-899ae7cfba3f/yswz6qkix1j-9kcna1yghz9n.jpg39 Essex Chambers39 Essex ChambersDo you sometimes struggle to keep up with the flurry of adjudication decisions coming out of the TCC? Adjudicast is here to help. In this weekly podcast, barristers specialising in construction law at 39 Essex Chambers will bring you the latest developments in adjudication. The focus is on new case law, giving you a brief summary of an important recent decision. The episodes are short enough to be listened to during a coffee break, short commute or in the car. Disclaimer: Each episode of AdjudiCast is based on the law of England and Wales at the time the episode as recorded. The episodes do not constitute legal advice. Detailed professional advice should be obtained on how the cases and issues discussed in AdjudiCast apply to the facts of any particular case.https://www.39essex.com/category/podcasts/noepisodicOD Developments v Oak Dry Lining Limited [2020] EWHC 3854In this episode, Melissa Shipley discusses the TCC’s judgment in OD Developments v Oak Dry Lining Limited [2020] EWHC 3854, a lesson in the perils of letters of intent.

]]>In this episode, Melissa Shipley discusses the TCC’s judgment in OD Developments v Oak Dry Lining Limited [2020] EWHC 3854, a lesson in the perils of letters of intent.

]]>9b5a8224-4ffb-41c6-8108-067555267394Tue, 08 Dec 2020 09:00:00 +000006:28nofull939 Essex ChambersEnforcement costs: Blacknest Gate Limited v Seymour Realty (24 September 2020)David Sawtell considers a case raising the practical point of when incurred, as opposed to fixed, costs under Part 45 would be appropriate where a judgment in respect of an adjudicator’s decision is secured by a charging order.

]]>David Sawtell considers a case raising the practical point of when incurred, as opposed to fixed, costs under Part 45 would be appropriate where a judgment in respect of an adjudicator’s decision is secured by a charging order.

]]>5bc35992-051b-446d-bea1-1d5bf63564adMon, 07 Dec 2020 11:45:00 +000004:36nofull839 Essex ChambersLife after Bresco again – Styles & Wood (in administration) v GE CIF TrusteesMany of the decisions following Bresco have involved companies in liquidation. David Sawtell considers a case where the claiming company was in administration and where any final decision would be referred to arbitration, not litigation.

]]>Many of the decisions following Bresco have involved companies in liquidation. David Sawtell considers a case where the claiming company was in administration and where any final decision would be referred to arbitration, not litigation.

]]>77b78109-1f55-4e1c-bd91-a1fb8704b682Tue, 10 Nov 2020 09:45:00 +000003:50nofull739 Essex ChambersEnforcement of adjudication decisions, manifest injustice, and stays: JRT Developments Ltd v TW Dixon (Developments) Ltd (October 2020)On occasion, the TCC can be persuaded to grant a stay of execution of a judgment enforcing an adjudicator’s decision where enforcement would cause manifest injustice. David Sawtell looks at the latest example of this unusual scenario.

]]>On occasion, the TCC can be persuaded to grant a stay of execution of a judgment enforcing an adjudicator’s decision where enforcement would cause manifest injustice. David Sawtell looks at the latest example of this unusual scenario.

]]>3862e817-d7e1-4174-bcbe-48c179c67d09Thu, 05 Nov 2020 13:30:00 +000009:46nofull639 Essex ChambersAdjudication in Ireland – recent statistics on its useDavid Sawtell looks at recent statistics on the use of adjudication in Ireland published in the Irish government’s Fourth Annual Report since the commencement of the Construction Contracts Act 2013.

]]>David Sawtell looks at recent statistics on the use of adjudication in Ireland published in the Irish government’s Fourth Annual Report since the commencement of the Construction Contracts Act 2013.

]]>4c940580-02fe-4bf9-ba28-e100eac1d0c1Thu, 29 Oct 2020 12:30:00 +000005:57nofull539 Essex ChambersEngie Fabricom (UK) Limited v MW High Tech Projects UK Limited [2020] EWHC 1626 (TCC) - David SawtellIn this episode, David Sawtell discusses Engie Fabricom (UK) Limited v MW High Tech Projects UK Limited [2020] EWHC 1626 (TCC), where O’Farrell J considered the different factors to be considered when looking at whether the primary activity of a site is power generation.

]]>In this episode, David Sawtell discusses Engie Fabricom (UK) Limited v MW High Tech Projects UK Limited [2020] EWHC 1626 (TCC), where O’Farrell J considered the different factors to be considered when looking at whether the primary activity of a site is power generation.

]]>7982675a-9f38-4edb-bd21-41147ce07ec4Tue, 20 Oct 2020 09:00:00 +000008:03nofull239 Essex ChambersWRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC) - David SawtellIn this episode, David Sawtell discusses the TCC’s decision in WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC). In this case, the adjudicator made a declaration that one party was liable to pay another party, but did not make an order for payment. The TCC had to decide whether it had the jurisdiction to make an order for payment, or if the parties would have to go to another adjudication.

]]>In this episode, David Sawtell discusses the TCC’s decision in WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC). In this case, the adjudicator made a declaration that one party was liable to pay another party, but did not make an order for payment. The TCC had to decide whether it had the jurisdiction to make an order for payment, or if the parties would have to go to another adjudication.

]]>d0a42dba-1b84-410b-95af-780b64b31524Tue, 13 Oct 2020 09:00:00 +000005:47nofull439 Essex ChambersRochford Construction Limited v Kilhan Construction Limited [2020] EWHC 941 (TCC) - Melissa ShipleyIn this episode, Melissa Shipley discusses the TCC’s judgment in Rochford Construction Limited v Kilhan Construction Limited [2020] EWHC 941 (TCC). The Court’s decision that a final date for payment cannot be pegged to an event, such as an invoice, has potentially significant ramifications.

]]>In this episode, Melissa Shipley discusses the TCC’s judgment in Rochford Construction Limited v Kilhan Construction Limited [2020] EWHC 941 (TCC). The Court’s decision that a final date for payment cannot be pegged to an event, such as an invoice, has potentially significant ramifications.

]]>8c170a96-3daa-4bef-be08-c1d8f025b1ffTue, 06 Oct 2020 09:00:00 +000005:53nofull339 Essex ChambersKingstone Civil Engineering Limited and Lane End Developments - Melissa ShipleyKingstone Civil Engineering Limited and Lane End Developments - Melissa Shipley

]]>Kingstone Civil Engineering Limited and Lane End Developments - Melissa Shipley

]]>a1807cf5-7024-4d2e-81b2-3f8cac113bd9Tue, 29 Sep 2020 09:00:00 +000005:19nofull139 Essex Chambers