Sometimes one needs a very “old-fashioned” case involving a “full-blooded conflict” between the parties to straighten out the law. If so Walter Lilly & Co –v- Mackay and DMW Developments is just that.
The judgment came out on 11 July and touches on those classic problems of concurrent delay in extensions of time and global claims.
In a mammoth judgment Akenhead J. covers both these recurring questions in detail (see paras 366 to 370 for concurrent delays and 474 to 491 for global claims). The judge also gives a clear impression of the personal conflicts that pervade this particular project.