Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 10th November 1999
    Homer Burgess Ltd v Chirex (Annan) Ltd [1999] CA137/99
    This summary was provided by CMS Cameron McKenna LLP. For more information visit An adjudicator does not have jurisdiction over parts of a contract that are not for construction operations" although other parts may fall within that definition and be within his jurisdiction. An adjudicator's decision on his jurisdiction is not binding on the parties. Lord MacFadyen, Outer House, Court of Session (Scotland) 10 November 1999 H entered into a contract with C to carry out works at C's site. Disputes arose in relation to the sums due in respect of invoices which C refused to pay. H therefore issued a notice of adjudication, and, as the contract contained no adjudication provisions, believed that the Scheme would apply (although there was a debate over whether the Scottish or English Scheme applied which was not pursued in court). H...
  • 4th November 1999
    Linaker Limited v Riviera Construction [1999] Adj.L.R. 11/04
  • 29th October 1999
    Lathom Construction Ltd v Brian & Ann Cross [1999] CILL 1568 LTL 10/1/2000
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The court may not enforce an adjudicator's decision over a compromise agreement which is not a "construction contract." HHJ Mackay, Technology & Construction Court 29 October 1999 AB engaged L for certain building works under JCT. '81. Upon a dispute arising over payment of interim payments, an adjudicator was nominated, but the parties were able to reach a settlement which was put into writing before he gave any decision. AB then wrote to L and said that it was a precondition of the settlement that £5,000 was to be withheld for work still to be carried out by L. As these works were not carried out, AB withheld the money. L then took this further dispute to adjudication. The same adjudicator was nominated. L argued that the settlement...
  • 6th August 1999
    Palmers Ltd v ABB Power Construction Ltd 1999 HT 99 0000 90
    This summary was provided by CMS Cameron McKenna LLP. For more information visit A contract can be partly for construction operations and partly for works not falling within that definition. Adjudication can only be sought for that part of the contract that is for construction operations. It is possible for the main contractor not to be entitled to seek adjudication when his subcontractor can.  A notice to withhold must specify the amount withheld. HHJ Thornton QC, Technology & Construction Court 6 August 1999 P was a scaffolding sub-contractor appointed by A to provide scaffolding services at the site where A was assembling and erecting a HRSG boiler. P was a sub-sub-sub-contractor for part of a huge project involving plant to be used for power generation. A alleged that P had caused delay to its works, and purported...
  • 29th July 1999
    John Cothliff Ltd v Allen Build Ltd [1999] CILL 1530
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The Scheme does give power to an adjudicator to award costs, analogous to his case management powers of the Scheme, alternatively as an implied term necessary to give business efficacy to the Scheme HHJ Marshall Evans QC, Liverpool County Court 29 July 1999 J entered into a building contract with A. As the contract contained no express provision for adjudication, the Scheme applied. Upon a dispute arising, the adjudicator appointed made an award in J's favour. J also asked the adjudicator to determine payment of their costs of the adjudication, and the adjudicator awarded J 70% of its costs. A refused to comply with this part of the decision, and J issued an application for summary judgment. A argued that the Scheme did not give the adjudicator...
  • 16th July 1999
    Project Consultancy Group v Trustees of The Gray Trust [1999] HT/99/29
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Where there is a triable issue as to whether the adjudicator had power to make a decision, the court will not give summary judgment. A jurisdictional challenge should be raised at the outset, but a defendant may still take part in the process provided it is clear that this is without prejudice to this challenge. Dyson J, Technology & Construction Court 16 July 1999 P's claim for fees arose out of works performed for T for conversion of a property into a nursing home. It was not in dispute that if there was a contract, it was a construction contract within the meaning of Section 104 of HGCRA. T argued that if there was a contract, it was concluded prior to 1 May 1998 and therefore no right to adjudicate could be implied. Alternatively, T argued...
  • 12th July 1999
    Allied London & Scottish Properties Plc v Riverbrae Construction Ltd [1999] ScotCS 170
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The adjudicator's failure to consider all possible alternatives did not invalidate his decision. No lawful basis for postponing payment of sums awarded to referring party, including payment of award into joint deposit account. Lord Kingarth, Outer House, Court of Session (Scotland) 12 July 1999 R contracted to execute works for A under a number of construction contracts. R claimed payment under 4 of these, and payment was disputed. R therefore gave notice of its intention to refer these disputes to adjudication. The adjudicator conducted the adjudications as 4 separate proceedings, and made final decisions in each case that A pay R various sums under each contract within 14 days with interest. A sought judicial review of these decisions. A claimed...
  • 23rd June 1999
    A&D Maintenance and Construction Ltd v Pagehurst Construction Services Ltd [1999] 64 Con LR
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The right to adjudicate survives determination of the underlying contract. A challenge to jurisdiction should be raised at the outset.HHJ Wilcox QC, Technology & Construction Court23 June 1999A was a sub-contractor to P, the main contractor, undertaking plumbing work at a school. No formal agreement was signed. A balance of A's invoices were not paid. P's contract was terminated, and it therefore terminated A's sub-contract on the basis of poor progress and defective work. Shortly afterwards, a fire broke out at the school, and the loss adjusters decided that this was due to defective installation of a boiler.A issued a notice of adjudication claiming payment of its outstanding invoices. P asked the adjudicator to suspend proceedings, on the basis...
  • 7th April 1999
    Straume Ltd v Bradlor Dev. Ltd [1999] CILL 1520
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Adjudication is a "quasi legal proceeding" under the Insolvency Act 1986. HHJ Behrens QC, Chancery Division, Leeds District Registry 7 April 1999 A and B entered into a JCT. '80 contract in June 1998, incorporating amendment 18. On 3 March 1998, an administration order was made against B. The administrators believed that substantial sums were due under the contract, and served notices of adjudication. A served its own notices of adjudication against B, for just over the sum claimed by B.  The question arose as to whether A required the leave of the court to bring the adjudication proceedings against B pursuant to Section 11 (3) of the Insolvency Act 1986: "During the period for which an Administration Order is in force, no other proceedings...
  • 15th March 1999
    Outwing Construction Ltd v H. Randell & Son Ltd [1999] BLR 156
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The court will abridge time for summary judgment under Part 24 CPR, provided the defendant is not prejudiced. HHJ Humphrey LLoyd QC, Technology & Construction Court 15 March 1999 O was a sub-contractor to H under a contract incorporating DOM/1. O claimed that the balance of its final account had not been paid; H said the work had not been done properly. O gave a notice of adjudication, and the adjudication took place under the Scheme for Construction Contracts as the contractual provisions did not fully comply with Section 108 of HGCRA. The adjudicator awarded O £16,096.98 and ordered that his decision be complied with peremptorily. H did not pay, and O threatened summary judgment. H responded with a notice of arbitration. O issued a...