Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive

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4th July 2003
Abbey Developments Ltd v PP Brickwork Ltd [2003] EWHC 1987 (TCC)

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1st July 2003
Lovell Projects Limited v Legg and Carver [2003]BLR 452

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes For the terms of an adjudication clause to be unfair under the Unfair Terms in Consumer Contracts Regulations 1999, the clause must cause a significant imbalance of the parties' rights and obligations to the detriment of the consumer, contrary to the requirement of good faith. HHJ Mosley QC, Technology & Construction Court July 2003 This case concerned an application for summary judgment to enforce an adjudication award. L&C were residential occupiers for the purposes of the HGCRA 1996 ("the Act") with the consequence that the Act was inapplicable to the contract. However, the Standard Form of JCT Minor Building Works contract (with amendments 1 to 11) entered into by the parties incorporated provisions for adjudication similar to...

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25th June 2003
Hurst Stores Ltd v M.L.Europe Property Ltd [2003] EWHC 1650HT 02 322

This was one of those rare cases where the matter proceeded to court following an adjudication and where the Court overturned the adjudicator's findings. There was a dispute over the Hurst accounts. The Adjudicator had held that the Hurst account was of a binding nature and that no further claims could be made for events which occurred up to the date of the account. This effectively barred Hurst's final account in the sum of some ?2.5m. Hurst said that the documents should not be binding for two reasons. First, the project manager did not have authority to enter into such an agreement and second, the document was entered into on the basis of a unilateral mistake on the part of the project manager and the documents should be rectified so as to remove reference to full and final settlement of claims. Mr Recorder Reese QC agreed and so ML could not be allowed to place reliance on the documents...

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20th June 2003
Barnes & Elliot Ltd v Taylor Woodrow Holdings Ltd [2003] EWHC 3100 TCC

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator fails to issue his decision within the timescale agreed between the parties this will not itself mean that the decision is not binding upon the parties. The court will consider the case on its facts and if the decision is only a day or so late decide that this delay is excusable as being within the tolerance and commercial practice that one has to afford to the legislation and to the contract. Judge Humphrey Lloyd QC, Technology and Construction Court 20 June 2003 The parties entered into a contract involving design, refurbishment and conversion work at a former psychiatric hospital near Epsom. The contract was subject to the conditions of the JCT 98 standard form with Contractor's Design. A dispute arose between the parties...

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16th June 2003
RSL (South West) Ltd v Stansell Ltd [2003] EWHC 1390 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Judge held that the parties to an adjudication should be given the chance to comment on any material used by the Adjudicator in reaching his decision. If an extension was necessary for this to happen, the Adjudicator should have explained this to the parties. A party to a dispute resolution procedure has a legitimate expectation that he will be afforded opportunities promised to him to present his case. HHJ Seymour QC, Technology and Construction Court 16 June 2003 RSL engaged S to do construction work. The contract incorporated the provisions of the Standard Form of Domestic Sub-Contract DOM/2 1981 Edition with amendments. S accepted responsibility for delay to the commencement of its works on site and to subsequent...

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10th June 2003
Bracken v Billinghurst [2003] EWHC 1333 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A sum tendered by a third party, in full and final settlement of an amount awarded by an adjudicator can, if accepted, prevent the party accepting the offer enforcing the adjudicator's award against the original contracting party. HHJ Wilcox, Technology and Construction Court 10 June 2003 Bracken entered into a building contract, using the JCT Minor Works form, 1998 edition. The Contractor was described as "Billinghurst of Advance Building Technology Ltd." A dispute arose as to the cost of additional works. The Contractor left site until Bracken agreed to pay for these. Bracken determined the Contract and referred the dispute to adjudication. The adjudicator had to decide the identity of the Contractor. Billinghurst...

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6th June 2003
Chadah P/ L v Kubota Tractor Australia P/L [2003] NSWSC 456

CORPORATIONS - winding up - statutory demand - whether bona fide dispute exists - whether offsetting claim raised by affidavit filed within 21 days - whether affidavit accompanying statutory demand adequately "verifies that the debt … is due and payable by the company" - meaning of "verify". ACTS CITED: Corporations Act 2001 (Cth) - Trade Practices Act 1974 (Cth)

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29th May 2003
Shimuzi Europe Ltd v LBJ Fabrications Ltd [2003] EWHC 1229

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator's decision deals with a set off or withholding notice raised during the adjudication, that will not preclude the paying party from in the future raising a set off or withholding notice relating to matters that were not put before the adjudicator; where the parties had agreed the basis of their contractual relationship in the adjudication, the adjudicator had no jurisdiction to make his decision on a different contractual basis; the TeCSA Rules (1999 v1.3) did not prevent a party applying to the Court for a declaration that the adjudicator had acted outwith his jurisdiction in making the decision that he did. Technology and Construction Court, Judge Frances Kirkham Background The claimant (“Shimizu”) was the main contractor...

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22nd May 2003
Orange EBS Ltd v ABB Ltd [2003] EWHC 1187 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A 'dispute' might arise as soon as a claim is made. Where a period of discussion or negotiation needs to pass before a claim crystallizes into a 'dispute', holiday periods count when determining whether sufficient time has elapsed. HHJ Kirkham, Technology and Construction Court 22 May 2003 Orange were engaged as sub-sub-contractors by ABB to carry out mechanical services work. On 2 December 2002 Orange advanced a 'Final Account' claim. The parties had not communicated since the sub-sub-contract was terminated about five months earlier. ABB had not seen parts of the claim before and the 'Final Account' was well over twice the value of Orange's previous application. On 12 December 2002, ABB said that it considered a...

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20th May 2003
City Inn v. Shepherd Construction Ltd [2003] ScotCS 146

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes

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