Episode 12 of The Construction Briefing podcast is now available.
This month the Practical Law Construction team discuss the Court of Appeal’s judgment in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823, and are joined by Barry Hembling, partner at Watson Farley and Williams, who has represented Abbey Healthcare throughout the litigation. In addition to explaining what the Court of Appeal decided, the team asks:
- Who will welcome this decision and who might be worried by it?
- In terms of drafting, what can you do to make sure that your collateral warranty can be adjudicated, and what can you do to make sure it can’t?
- How does this judgment affect third party rights? Might parties start favouring them?
The discussion also touches on the judgments in Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC) and Hurley Palmer Flatt Ltd v Barclays Bank plc [2014] EWHC 3042 (TCC).
