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26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
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Building contract

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2015] UKSC 38, [2015] All ER (D) 185 (Jun)

Following an adjudication pursuant to provisions implied into a construction contract under the Housing Grants, Construction and Regeneration Act 1996, the claimant, A Ltd, made a payment to the defendant, H plc. A Ltd subsequently sought to recover that sum, having commenced proceedings after the time had elapsed when H plc, could bring any claim founded on the original breach of contract or tort. The Supreme Court dismissed H plc’s appeal, deciding that it was a necessary legal consequence of the scheme implied by the Act into the parties’ contractual relationship that A Ltd had to have a directly enforceable right to recover any overpayment to which the adjudicator’s decision could be shown to have led, once there had been a final determination of the dispute.

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Jurit LLP—Caroline Williams

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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