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Construction & Engineering

Where next for ‘Smash and Grab’?

The recent TCC judgment in Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2017] EWHC 1763 does not break new ground but it does contain some interesting observations concerning the phenomena of the ‘smash and grab’ adjudication, and it suggests that it is worth revisiting the case law which has developed since the amendments to the Housing Grants, Construction and Regeneration Act 1996 introduced by the Local Democracy Economic Development and Construction Act 2009 (generically, ‘the Act’). By the end of this article, most of you will, I hope, resolve to re-assess whether your application processes are robust enough to allow you to get the benefit of those amendments. Some of you may even be aggrieved at the qualifications the courts have introduced where the validity of applications are concerned. I also make a prediction about the future of such adjudications.

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