Court of Appeal helps architects fight back

Just as the DWF Fishburns Spring Construction Update was being issued at the end of March, the Court of Appeal handed down its judgment on the appeal in one of our featured cases, West & West v Ian Finlay & Associates. In basically reversing the finding at first instance and granting an appeal by the Architect Appellant against the first instance judge’s disallowance of a Net Contributions Clause (“NCC”), the case nonetheless reinforced the part of the original judgment that we had found most newsworthy, namely that a properly worded NCC would have been “fair” in domestic contracts.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

Mark Klimt


I am Partner and head of the firm’s Non-Contentious Contract Advisory Service, working with the insurance sector.