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Ep.3: Payment notices, natural justice and severance

Ep.3: Payment notices, natural justice and severance

FromThe Construction Briefing – A Practical Law Podcast


Ep.3: Payment notices, natural justice and severance

FromThe Construction Briefing – A Practical Law Podcast

ratings:
Length:
46 minutes
Released:
Oct 13, 2021
Format:
Podcast episode

Description

In the third The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take September's monthly bulletin and highlight some of the issues arising from two judgments, Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) and CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC). In both instances, HHJ Eyre QC held there was a material breach of the rules of natural justice by the adjudicator. However, in one instance the judge refused to sever the decision, in the other he held he could (there was a "core nucleus ... that can be safely enforced"). He also declared that the employer's payment notice valuing the interim application at £1 was invalid. Although both judgments cover similar issues, they also highlight how complex adjudication enforcement is, and how parties may experience different outcomes even when the facts and arguments seem similar.   For further information on any of the topics discussed in this episode, visit https://uk.practicallaw.thomsonreuters.com/w-032-5727 
Released:
Oct 13, 2021
Format:
Podcast episode

Titles in the series (33)

The Construction Briefing is an alternative way of learning about key developments in construction law, with the Practical Law editorial team discussing some of the wider issues those developments raise. To give feedback or suggest topics for future episodes, please contact us: https://uk.practicallaw.thomsonreuters.com/Browse/Home/About/OurteamConstruction.