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Insights

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Construction & Engineering

The complex interaction between insolvency and the enforcement of adjudicator's awards

In my May 2018 article ‘Insolvency calls time on pursuing claims’, I looked at how various moratoria apply to stop claims when a party enters into certain insolvency processes. I offered a taster when I said that adjudicator’s awards were a strange species because they are not final and binding, that this complicates their enforcement, and that I would look at the complex interaction between insolvency and the enforcement of adjudicator's awards soon. The subsequent case of Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation) [2018] EWHC 2043 (TCC, 31 July 2018), means that time is now.

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Construction & Engineering

Retention Reform postponed…again

When it comes to reforming retention, the ‘latest proposal’ is becoming something of a misnomer. Peter Aldous MP (Con, Waveney), a former surveyor, introduced his Ten Minute Rule Bill, the Construction (Retention Deposit Schemes) Bill 2017-19 on 9 January 2018, but its second reading has been repeatedly postponed from 27 April 2018, to 15 June 2018, then to 26 October 2018 and now to 23 November 2018.

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Construction & Engineering

‘Pay now, adjudicate later’

In a previous article, concerning the TCC judgment in Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2017], I predicted that the TCC decision of ISG Construction Limited v Seevic College [2014], which opened the way for ‘smash and grab’ adjudications by payees, would be disowned. I was right, since Mr Justice Coulson did exactly that in the TCC decision of Grove Developments Ltd v S&T (UK) Ltd [2018] on 27 February 2018. Yesterday, the Court of Appeal confirmed that decision. The Court of Appeal’s judgment was given by former TCC judge Sir Rupert Jackson. It provides some clarification about what the payer must do before commencing an adjudication on the ‘true value’ of an application for payment under the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy Economic Development and Construction Act 2009 (generically, ‘the Act’).

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Employment

Could your business be liable for a data breach even if you have strong data protection procedures in place?

Morrisons has recently lost its appeal against the High Court’s decision that it was vicariously liable for a data breach by a disgruntled employee and is now set to take this to the Supreme Court. Sarah Lee explores why the courts have found against Morrisons and what you should do to protect yourself against similar risks.

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