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3PB's specialist construction barrister Nick Kaplan acted as Junior Counsel for Hexagon Housing Association in their recent Court of Appeal case which considered the termination provisions under the JCT form of contract. The Court of Appeal handed down judgment last week in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, and its decision is likely to come as a significant surprise to many in the industry. The case concerned the...
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3PB's commercial litigation, adjudication and arbitration barrister Patrick Heneghan (pictured left) asks whether Parliament intended adjudication to used in large or complex construction disputes. The recent decision of Home Group Limited v MPS Housing Limited [2023] EWHC 1946 (TCC) would appear to affirm the received wisdom that the size and/or complexity of a dispute in and of itself is no bar to its adjudication. The success of a challenge related to size and complexity in...
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3PB construction barrister Nick Kaplan appeared for the claimant in the case of Wordsworth Construction v Inivos Limited t/a Health Spaces before Recorder Singer KC, sitting as a judge of the Technology and Construction Court (TCC). He was instructed by law firm Berry Smith LLP. Quite unusually the Court decided to set-off two adjudicator’s decisions against each other. The Court previously confirmed in a judgment last year in FK Construction Ltd v ISG Retail Ltd...
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3PB Barristers’ (3 Paper Buildings) Nick Kaplan and Mariya Peykova have contributed to the latest issue of ThoughtLeaders4 Disputes. Mariya’s article “Data Adequacy and International Relations: The Pitfalls of a Shifting Human Rights Landscape”, published on pages 11-12, explores the connection between EU data adequacy decisions and human rights records. In her article, Mariya explores how the undermining of the existing human rights framework could alter how the EU views the UK’s ability to provide...
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3PB's Nick Kaplan and Keating Chambers’ Brenna Conroy (pictured here) are delivering a joint talk this week at Arbrix's Spring Conference on Saturday 16th March 2024. The conference is an annual meeting of RICS arbitrators and adjudicators, notably chartered surveyors and other independent property experts. Nick and Brenna will be speaking about the recent decision in Bellway Homes v Surgo Construction in which they both appeared on opposite sides. The case is of huge significance...
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3PB's construction barrister Nick Kaplan has been instructed to represent builder Keith Elliott to recover payments, awarded by an adjudicator, from a company run by Australian fashion tycoon Donna Ida Thornton in a new High Court action. This follows a ruling in January 2024 by an adjudicator that Ms Thornton must pay the contractor £236,000 for the restoration work that his company completed at her 16-bedroom Devon mansion. The case is ongoing and is receiving...
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3PB construction barrister Nick Kaplan recently acted as sole counsel for Bellway Homes in a dual enforcement and Part 8 claim in the TCC in the case of Bellway Homes v Surgo Construction, before HHJ Davies. Judgment was handed down yesterday morning. Nick was instructed by Gateley Legal. In its enforcement claim, Bellway claimed circa £1.1 million, which it had been awarded by an adjudicator (Jonathan Cope) following a true valuation of the parties’ interim...
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3PB construction barrister Nick Kaplan recently acted as sole counsel for Bellway Homes in enforcement proceedings in the case of Bellway Homes Limited -v Surgo Construction Limited, before DJ Baldwin, in which judgment was handed down by the Technology and Construction Court (TCC) in Liverpool this morning. Nick was instructed by Gateley Legal. The proceedings raised a question which frequently arises in payment adjudications, but which has until today remained undecided by the courts. In...
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In Providence Building Services Limited v Hexagon Housing Association Limited, in which 3PB construction barrister Nick Kaplan acted as junior counsel for the successful defendant Housing Association, Hexagon, the Technology and Construction Court (the “TCC”), has made a recent decision about the Termination for Employer Default provisions at clause 8.9 of the JCT Design and Build Contract 2016, which is one of the most widely used forms of contract in the construction industry. The TCC...
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Twelve 3PB barristers and staff from our international construction and commercial litigation teams -pictured here - are delighted to be attending the upcoming Dubai Arbitration Week 2023 (from 13 to 17 November) and the TL4 FIRE Middle East 2023 (from 12th to 14th November). These are 3PB's head of construction Peter Collie, head of commercial Seb Oram, David Parratt KC (Scot), Philip Bambagiotti, Nick Kaplan, John Jessup, Dr Zhen Ye, William Charlesworth, Faizul Azman, Simon...
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3PB Barristers’ (3 Paper Buildings) specialist commercial and contractual dispute barristers David Parratt KC (Scot) and Nick Kaplan have successfully acted for the Defendants in Microlise Limited v James Kemball Limited & Anor [2023] EWHC 579 (KB), a preliminary issues trial between a transport logistics group of companies and the supplier of transport telemetry devices fitted into the cabs of lorries. The case in questions revolves around the terms under which the Claimant (Microlise Limited)...
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3PB's construction and engineering barrister Nick Kaplan, pictured here and instructed on a direct access basis through Harris Consulting International, acted for Kent-based plumbers Bexheat in the Technology and Construction Court (TCC) at the Royal Courts of Justice in London in the case of Bexheat Ltd v Essex Services Group Ltd 2022 WL 01158724 (2022), with judgement handed down by Mrs Justice O’Farrell DBE. The case was brought by Nick's client Bexheat ("BHL") for summary...
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