General – Page 4 – Duane Morris London

April 14, 2021August 1, 2024 by Steve Nichol

Multiplex v Bathgate: Legal Riddles and Unsolvable Problems

Mr Justice Fraser’s decision in Multiplex Construction Europe Ltd v Bathgate Realisation Civil Engineering Ltd and Others is one of the more curious decisions you will ever read.

Not that I would particularly encourage anyone to read it. The case necessitated some pretty comprehensive and in-depth legal analysis that means the judgment runs to some 206, fairly dense, paragraphs, and an Appendix; I would challenge even the most avid consumer of legal treatises to read the whole thing in one sitting without their eyes glazing over at some point. Helpfully, my colleague Vijay Bange has already produced a very useful summary of the decision and its legal implications here.

However, the density and depth of the judgment does not mean it is without interest; far from it. In fact I suspect this case will prove to be one of the more fascinating legal tangles the Courts will be asked to unravel this year. This article looks at some of the more curious aspects of this dispute, away from the key aspects of the case. Continue reading “Multiplex v Bathgate: Legal Riddles and Unsolvable Problems”

April 13, 2021 by Duane Morris London

The Digital Age Still Needs Infrastructure

I am an unashamedly massive fan of the Back to the Future film franchise. Yes, even the sequels.

One of my favourite lines from the franchise is spoken at the end of the first film and the beginning of the second. Doc, Marty and Jennifer are about to travel to the distant future (2015, to be precise). When Marty points out there might not be enough road to get up to 88 mph, Doc flips down his brushed aluminium shades and intones: “Roads? Where we’re going we don’t need roads.” And the DeLorean flies off to the future thanks to an early 21^st century hover conversion.

Brings a smile to my face every time

Continue reading “The Digital Age Still Needs Infrastructure”

April 13, 2021 by Duane Morris London

Luck of the Law: Lessons to be Learned from Green v Petfre

They say that the house always wins, but as the recent case of Andrew Green -v- Petfre (Gibraltar) Limited t/a Betfred illustrates, even the house can get caught out sometimes.

When lucky punter Andrew Green won over £1.7m following a 5 ½ hour stint on Betfred’s ‘Frankie Dettori’s Magic Seven Blackjack’ game in January 2018, he was dismayed to find out a few days later that the company was refusing to pay out, claiming that there was a glitch in the game, and that the house rules stated that, in those circumstances, Betfred were not required to pay. Mr Green sued, and the matter eventually ended up in Court. Following a hearing on 15 October 2020, Mrs Justice Foster DBE granted Mr Green summary judgment and awarded him his winnings.

Continue reading “Luck of the Law: Lessons to be Learned from Green v Petfre”

March 10, 2021November 8, 2022 by Steve Nichol

GSEL v Sudlows: Adjudication enforcement, natural justice and challenging a decision

Introduction

Adjudication can be a frustrating experience, particularly for those who have been faced with a decision of the adjudicator that is quite obviously (to you) wrong, but nonetheless enforceable.

This situation arises because it has long been accepted that, in adjudication, “the need to have the “right” answer has been subordinated to the need to have an answer quickly…” per Chadwick LJ in Carillion v Devonport Royal Dockyard [2005] EWCA 1358.

The Court’s stance on this issue is born from the original intent of the statutory scheme, which was to provide a means for contractors and subcontractors to address cash-flow problems caused by illegitimate delays or refusals to pay. In order to achieve that, adjudication decisions have to bear the weight of authority, otherwise every adjudication decision would immediately be challenged by the losing party.

The Courts also take into account the fact that the adjudicator is tasked with deciding often very complex and detailed disputes in a very short period of time. Errors in decision-making from time to time are therefore inevitable, but the Courts have determined that that shouldn’t be allowed to undermine the process.

Continue reading “GSEL v Sudlows: Adjudication enforcement, natural justice and challenging a decision”

February 11, 2021April 6, 2023 by Steve Nichol

Cairn Energy v India: A lesson in BIT rights and enforcement

By Steve Nichol and Tanya Chadha

Cairn Energy’s dispute with the Indian Government has made headlines across the globe. The case serves as a useful reminder to foreign investors of the benefits of using bilateral investment treaties to obtain relief in circumstances where they have been unfairly treated by governments in foreign jurisdictions.

The Dispute

The origins of this dispute lie in a separate, but similar case between Vodafone and the Indian Government, arising out of Vodafone’s purchase of a majority share of a company, Hutchison Whampoa, in 2007. Hutchison owned substantial assets in India, and the Indian Government contended that Vodafone owed capital gains and withholding tax, based on India’s 1961 Income Tax Act. Vodafone disputed the Government’s interpretation of the Act. Continue reading “Cairn Energy v India: A lesson in BIT rights and enforcement”

February 5, 2021February 4, 2021 by Duane Morris

Protests, Prosecutions and Pandemics: Will COVID kill HS2?

By Steve Nichol

The directors of HS2 Ltd must be firm believers of the old adage that no news is good news.

It’s no secret that the project has been beset with controversy right from the start – foremost amongst these being the budgetary underestimates that prompted criticisms of both the government’s procurement model for major infrastructure projects and the competence of those at the helm of the delivery company. So, when the Project was hit with a triple-whammy of bad press last week, those embattled directors and their government supporters must have needed it like a hole in the head. Continue reading “Protests, Prosecutions and Pandemics: Will COVID kill HS2?”

February 4, 2021February 4, 2021 by Duane Morris

Foreign Travel For Holidays From Work During COVID-19 Lockdown

By Nic Hart

Can an employee be disciplined for going on an ‘illegal’ foreign holiday during the current lockdown regime?

The stating point is the current government guidance on travel. Continue reading “Foreign Travel For Holidays From Work During COVID-19 Lockdown”

January 22, 2021January 22, 2021 by Duane Morris

No Jab, No Job: The Murky World of Mandatory Vaccinations

By Nic Hart

The ongoing pandemic has inevitably caused employers to address a significant number of issues regarding employees and working practices. Mandatory vaccination has become an acute and difficult topic in the context of the employment relationship.

As the vaccination program continues to be rolled out across the country, one of the recent issues causing controversy and consternation for employers is the question of mandatory vaccinations for employees. Some businesses such as Pimlico Plumbers and Qantas have been reported as coming out in support of mandatory vaccination policies. Pimlico Plumbers in particular have proposed implementation of a “NO JAB NO JOB” policy and Qantas have advised that they plan to require all international passengers to be vaccinated against Covid-19 as a condition of travel. Continue reading “No Jab, No Job: The Murky World of Mandatory Vaccinations”

January 13, 2021 by Duane Morris

Aqua v. Benchmark: How Not to Settle a Dispute

By Steve Nichol and Matthew Friedlander

In its latest offering, “CLC COVID-19 Claims and Disputes in Construction” the Construction Leadership Council (CLC) predicts that disputes related to COVID-19 are set to rise in 2021. While the optimist may hope that parties will continue to or aim to work collaboratively in order to find workable commercial solutions to claims arising from the global pandemic, the realist knows that such disputes are inevitable. Continue reading “Aqua v. Benchmark: How Not to Settle a Dispute”

January 12, 2021January 12, 2021 by Duane Morris

Implications for 3D Printing and the Auto Industry

For as long as cars have existed, three fundamental truths appeared to be eternal. First, every car contains safety critical components, second these components are mostly metal and third, they are manufactured by one of two methods—stamping or cold forming. These eternal truths always led to an equally durable legal reality, that if the safety critical component fails the manufacturer will be liable to the injured party. It’s hard to think of a more trite and dependable set of principles. But these timeless precepts are about to become disrupted as the automotive industry continues to explore the innovation of 3D printing.

To read the full text of this article by Duane Morris partners Sean Burke and Alex Geisler, please visit the 3DPrint.com website.