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11 Results
Marcus Birch
Insights
Oct 22, 2025
Oct 22, 2025
Staying enforcement of an adjudicator's decision
A party holding a favourable adjudication decision can apply to the court for summary judgment to enforce it but, in very limited circumstances, the losing party can also seek a stay of enforcement,…
Insights
Mar 11, 2025
Mar 11, 2025
Building Safety Act: new TCC case on building information orders
Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so. Section 132 allows the court to make an…
Insights
Feb 12, 2025
Feb 12, 2025
Section 124 of the Building Safety Act allows the First Tier Tribunal to make remediation contribution orders (“RCOs”) where it considers it “just and equitable” to do so. In this Insight, Marcus…
Insights
Jan 26, 2023
Jan 26, 2023
In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that…
Insights
Nov 17, 2022
Nov 17, 2022
Building Safety Act 2022: changing the rules on the landlord and tenant relationship
The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of…
Insights
Jul 14, 2022
Jul 14, 2022
Gama Aviation v MWWMMWM: the problem of contractual formalities and informal novation
The problem of what happens when parties do not act in accordance with contractual formalities is a hardy perennial in commercial disputes. Certain instances of the problem are peculiar to the…
Insights
Apr 20, 2021
Apr 20, 2021
In Mott MacDonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) , the TCC held that a clause in a professional services agreement containing a cap on liability, exclusions on liability, and a net…
Insights
Oct 26, 2020
Oct 26, 2020
Assignment of sub-contracts – benefit and burden, risk and reward in the TCC
When a project goes so poorly that an employer feels obliged to terminate its main contractor, the employer will often take an assignment of various sub-contracts. But what exactly does it mean to…
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