Welcome to the June 2020 edition of Outlook, a roundup of news and views from the 39 Essex Commercial and Construction Group.
On 17 June, the Supreme Court handed down its much anticipated judgment in Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd, which partly reversed the judgment given in the same matter by the Court of Appeal. The Supreme Court held that adjudication remains available to a party which has entered insolvent liquidation. Marion Smith QC, David Sawtell and Philippe Kuhn provide an overview of the case and some initial reflections, while Shaman Kapoor considers some commercial concerns from a costs perspective.
Niraj Modha looks at a recent decision of the Court of Appeal regarding section 44(2) of the Arbitration Act 1996. In the lexicographically named A & B v C & D & E, the Court of Appeal confirmed that, pursuant to s 44(2), the court has a discretion to compel a non-party to a foreign arbitration to give evidence. This power may prove particularly useful in the event that witnesses are unwilling or unable to travel during current circumstances.
In the latest of a series of articles, Rose Grogan and Philippe Kuhn give an update on the UK government’s procurement guidance issued during the pandemic. Their article analyses the main fraud risks faced by public authorities, the available fraud prevention measures and contractual mechanisms to recover money.
And last month, Chambers launched a brand new series called “At Home, around the World”. In these short videos, a number of different members of Chambers based all over the world came together with a host of different expert jurists, practitioners and commentators for a series of informal conversations. James Bradford rounds up the series so far.
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