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13 August 2009
Issue: 7382 / Categories: Case law , Law digest
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Building contract

Windglass Windows Ltd v Capital Skyline Construction Ltd and another [2009] EWHC 2022 (TCC), [2009] All ER (D) 17 (Aug)

Section 111 of the Housing Grants Construction and Regeneration Act 1996 required a withholding notice which set out grounds for withholding money otherwise due; any argument to the contrary went against the express words of the section.

Moreover, the Act did not permit a party to put in an ineffective withholding notice and then, in the subsequent adjudication, seek to put together an entirely different justification for withholding payment.

The Act emphasised the obligation on the paying party to give good reasons, there and then and in advance of the date for payment, if any part of a sum otherwise due was not going to be paid. If that paying party did not do so, then it had to “pay now and argue later”.
 

Issue: 7382 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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