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Court considers concurrent delays and repudiation in post-termination dispute (Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council) Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) What are the practical implications of this case? This judgment touches on several matters of real concern to construction practitioners: overlapping delay, the JCT suite’s termination machinery, and the law of repudiation. On concurrency, the court essentially affirmed the approach in Walter Lilly v Mackay, holding that where employer and contractor delays run together, the contractor will typically obtain additional time, yet will not recover the financial consequences of prolongation—often summed up as ‘time, but no money’. The court’s commentary on the rival expert delay analyses will likewise assist those preparing or defending applications for extensions of time. Among other points, it indicated in general terms, that expert opinions grounded in a careful examination of contemporaneous records ought not to be rejected merely because the techniques deployed do...
In this issue: UK mergers UK antitrust UK digital markets regime UK competition policy UK sector regulation UK private actions UK NSI Act EU digital markets EU Mergers Daily and weekly news alerts New and updated content Caselex UK mergers CMA publishes finalised versions of six updated mergers guidance documents to reflect jurisdictional and procedural changes introduced by the DMCCA The CMA has unveiled the definitive editions of six revised merger guidance documents, updating them to mirror the jurisdictional and procedural adjustments brought about by the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024)...
In this issue: UK competition policy EU antitrust New and updated content LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex UK competition policy CMA publishes annual concurrency report for 2025 The CMA has released its 2025 annual concurrency report, the eleventh since a baseline study in 2014. Covering 1 April 2024 to 31 March 2025, it assesses how the CMA and sector regulators have operated under the concurrency framework over the past year. The CMA confirms it has reviewed these arrangements and is progressing actions arising from that exercise. Over the period, support for economic growth has remained a key theme. The CMA and several regulators have also collaborated on implementing the new digital markets regime. The report surveys competition enforcement and market-focused activity carried out by sectoral regulators and by the CMA within, or pertinent to, regulated industries. It additionally records market work undertaken by the regulators using their own sector-specific powers...
UK competition law UK competition law polices anti-competitive behaviour, oversees merger control and promotes competitive markets. The Competition and Markets Authority (CMA) is the principal UK competition authority. Created by the merger of the OFT and the Competition Commission, it took over enforcing competition law in the UK on 1 April 2014. The CMA, together with other concurrent competition authorities, has powers to: enforce prohibitions on anti-competitive agreements and on abuse of a dominant position (see further, Chapter I prohibition and Chapter II prohibition) bring criminal prosecutions against individuals responsible for implementing hardcore cartels (see further, The UK criminal cartel offence) seek director disqualification orders against directors involved in competition law breaches (see further, Director disqualification) investigate UK mergers and block them or require remedies where they would result in a substantial lessening of competition (see further, UK merger control—overview) open investigations into industries to ensure markets remain competitive and impose remedies where there is an adverse effect on competition (see...
Scope of this Practice Note This Practice Note sets out the Financial Conduct Authority’s (FCA’s) competition law powers under the Financial Services and Markets Act 2000 (FSMA 2000), together with associated investigative tools and sanctions for infringements. It also examines the secondary objective on international competitiveness and growth, introduced for the FCA and the Prudential Regulation Authority (PRA) by the Financial Services and Markets Act 2023 (FSMA 2023). In addition, it summarises the FCA’s programme of market studies, calls for input and other competition-focused reviews... Overview of the FCA’s competition law powers Under FSMA 2000, the FCA holds a statutory objective to foster effective competition for the benefit of consumers across markets for regulated financial services and for services supplied by a recognised investment exchange. When pursuing its other two statutory aims—protecting consumers and safeguarding market integrity—it must likewise further effective competition in consumers’ interests. Where markets appear to serve consumers poorly because competition is weak, the FCA may probe those markets and step in where necessary....
This Practice Note offers guidance on multi-party and/or multi-contract arbitrations under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As outlined in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 June 2024, unless the parties decide otherwise; for proceedings begun before 1 June 2024, the 2018 HKIAC Rules ordinarily apply, save where the parties agreed differently. For an introduction to the HKIAC and its framework, see Practice Note: HKIAC—background to and structure of the institution. Arbitration is traditionally founded on a contract between two or more parties, with only those parties being subject to the process. This has produced scenarios where a party must confront multiple claims across separate arbitrations, or in both arbitration and court litigation. Consequently, some arbitral institutions have adopted provisions enabling concurrency, consolidation and joinder in defined situations. For a general overview, see Practice Note: Multi-party and multi-contract arbitration—an introduction....