Life After Bresco – Part 1: The Decision in John Doyle Construction Ltd in Liquidation vs Erith Contractors Ltd

OUTLOOK - The Commercial, Construction & International Arbitration Podcast

Life After Bresco

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Series Icon OUTLOOK - The Commercial, Construction & International Arbitration Podcast
14 Oct 2020
 

Life After Bresco – Part 1: The Decision in John Doyle Construction Ltd in Liquidation vs Erith Contractors Ltd

 

OVERVIEW: Life After Bresco – adjudication enforcement and insolvency In what circumstances can an insolvent company enforce an adjudicator’s decision in its favour? The Supreme Court in Michael J Lonsdale…

Author Marion Smith QC, John Denis-Smith, David Sawtell, Rebecca Drake
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Series Icon OUTLOOK - The Commercial, Construction & International Arbitration Podcast
14 Oct 2020
 

Life After Bresco – Part 2: Insolvency Set-off and the problem of multiple contracts and disputes

 

This episode explains what insolvency set-off is, and why it causes problems when it comes to enforcing adjudication decisions.

Author Marion Smith QC, John Denis-Smith, David Sawtell, Rebecca Drake
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Series Icon OUTLOOK - The Commercial, Construction & International Arbitration Podcast
14 Oct 2020
 

Life After Bresco – Part 3: The TCC’s approach to undertakings and conditions

 

A number of TCC decisions have set out conditions that the insolvent company will have to meet before it summary judgment is granted for enforcement, such as ring-fencing the adjudicated…

Author Marion Smith QC, John Denis-Smith, David Sawtell, Rebecca Drake
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Series Icon OUTLOOK - The Commercial, Construction & International Arbitration Podcast
14 Oct 2020
 

Life After Bresco – Part 4: Funding adjudication enforcement proceedings brought by insolvent companies

 

Many of the recent cases involving insolvent companies have involved litigation funding. This episode will explore the issues of ATE insurance, champerty and litigation funding.

Author Marion Smith QC, John Denis-Smith, David Sawtell, Rebecca Drake
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Series Icon OUTLOOK - The Commercial, Construction & International Arbitration Podcast
14 Oct 2020
 

Life After Bresco – Part 5: the Court’s approach to imposing a stay on enforcement

 

Even if summary judgment is granted, the insolvent company might find that a stay of execution is granted. This episode will explore the court’s jurisdiction to stay execution of the…

Author Marion Smith QC, John Denis-Smith, David Sawtell, Rebecca Drake
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