Latest by Ben Wilkins

Blog

New(ly reiterated) grounds for stay on enforcement of an adjudication decision

Published on 05 April 2018. By Dil-veer Kang , Trainee solicitor and Ben Wilkins, Associate

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A real risk of the dissipation or disposal of an adjudication sum may justify the grant of a stay on enforcement of an adjudicator's award.

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Smashing 'Smash and Grab' – Coulson J delivers significant blow to smash and grab tactic

Published on 01 March 2018. By David Thorne, Partner and Ben Wilkins, Associate

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Over recent years a body of case law has developed supporting the principle that in the absence of a valid pay less notice an employer is exposed to a 'smash and grab' adjudications for payment of the sum stated as due in a contractor's interim application even if that application is overstated. On Tuesday this week, in what is likely to be his final judgement before moving to the Court of Appeal, Coulson J delivered welcome clarification on the matter in Grove Developments Ltd v S&T (UK) Ltd. Coulson J held that even in the absence of a valid pay less notice it is open to an employer to commence adjudication proceedings for determination of the 'true' value of an interim application potentially blunting the tactical utility of 'smash and grab' adjudications.

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Drones: don't fly out of bounds (legally)

Published on 27 July 2016. By Andrew Crystal, Senior Associate and Ben Wilkins, Associate

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Various commercial industries have already woken up to the myriad opportunities offered by drone technologies. Whilst the regulatory regime evolves, it is important that companies don’t fall foul of the law.

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Cavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine

Published on 06 January 2016. By Ben Wilkins, Associate

The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the "penalty rule" but further limiting its utility in a commercial setting.

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