Wills & Trusts Law Reports | December 2016 #165The underlying claim concerned monies deposited in a new bank account with the National Westminster Bank (the bank) in the name of Mr Rahimtoola, the High Commissioner for Pakistan in London between 16 and 20 September 1948 (the Fund). The monies deposited had belonged to the state of Hyderabad/the 7th Nizam (Hyderabad’s absolute monarch at the time). The state of Hyderabad had been annexed to India between 13 and 18 September 2016. The underlying claim had been brought by Pakistan against the bank. A number of other defendants claiming an interest in the fund had been joined. Consequent...
Matthew Collingwood-Cooper examines a recent judgment of note for parties to adjudication ‘Often, after an adjudication neither party will be fully satisfied but generally will tacitly accept the result – as long as the other is willing to do so. However, expecting the parties to formally agree this may be wishful thinking.’On 17 June 2015 …
Continue reading "Limitation: Let sleeping dogs lie"
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Sarah Carmichael discusses limitation and adjudication ‘Limitation is not ordinarily a concern at the outset of adjudication but the limitation bar might descend to block later referral of the underlying dispute to a court or arbitrator for final determination.’The Housing Grants, Construction and Regeneration Act 1996 (the Act) introduced adjudication as an expedient method to …
Continue reading "Limitation: Stop the clock?"
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John Starr looks at recent case law on calculating limitation periods in construction claims ‘Aspect v Higgins reinforces the need to keep an eye on limitation periods, especially where some other form of dispute resolution procedure, such as adjudication, is already underway.’ Once a limitation period expires, it is no longer possible to bring claims …
Continue reading "Construction Focus: Check the contract"
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