Ryan Hocking discusses the case of Barclays Bank Plc v TBS & V Ltd.
By an amended JCT Design and Build contract (2011 edition) made between Kersfield Developments (‘Kersfield’) and Bray and Slaughter (‘Bray’), Bray agreed to refurbish a mansion house and construct a series of detached houses in North Somerset. The parties agreed a contract sum of just under £5 million. Michael Levenstein provides a summary.
A case reported on Lawtel recently concerned a little known provision contained in CPR 34. This deals with the situation where evidence is to be taken from a witness in a different jurisdiction. This provision is potentially of use to parties who wish to obtain evidence from a witness in another country or where a witness in England is requested to give evidence in a foreign case.
This was an application for specific disclosure made by GEM Environmental Building Services Ltd (“GEM”) from the defendant local authority (“Tower Hamlets”) that raised issues concerning the approach to early disclosure in procurement cases as set out in Roche Diagnostics Ltd v The Mid-Yorkshire Hospitals NHS Trust.
Alexander Nissen QC determined that a professional consultant owed a tortious duty of care in the course of providing gratuitous services of project management and supervision in relation to a friend’s garden redevelopment, notwithstanding that such a duty was wider than that any tortious duties owed by the contractors actually completing the works.
The TCC determined that a clause excluding all liability for asbestos contamination would operate to exclude liability for negligence.
extended warranty contracts providing for the repair or replacement of satellite television equipment were contracts of general insurance and so a regulated activity for the purposes of FSMA 2000