English court restrains expert from acting in arbitration due to breach of fiduciary duty of loyalty – A Company v X, Y and Z [2020] EWHC 809 (TCC).

17 April, 2020
English court restrains expert from acting in arbitration due to breach of fiduciary duty of loyalty – A Company v X, Y and Z [2020] EWHC 809 (TCC).   Summary Earlier this month, the English High Court extended an interim injunction restraining a global expert consultancy firm from acting as independent experts in separate, although … Read more

High Speed Rail in Australia – Is it viable?

06 September, 2019
Every so often (and usually just prior to an election) someone floats the idea of building high-speed rail in Australia. Maybe it’s connecting Melbourne to Brisbane, or perhaps linking major regional centres to capital cities. With three business cases currently being developed by the Commonwealth Government we examine the most likely routes to establishing some … Read more

Understanding the Impact of the Triple Point Case on Construction Contracts

13 May, 2019
The recent decision in the Court of Appeal case of Triple Point Technology, Inc. v PTT Public Company Ltd [2019] EWCA Civ 230 challenges certain assumptions typically made in relation to liquidated damages clauses, and is of considerable relevance to the construction industry. The decision related to the interpretation of a liquidated damages clause for … Read more

Construction Case Law Digest 2018/2019

15 February, 2019
Over the last 12 months, there have been a number of notable cases with significant implications for construction law and practice. As well as several adjudication cases, such as the widely discussed Grove Developments, which untangled the conflicting authorities around true value adjudications, there were a number of cases that considered fundamental issues of contract … Read more