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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  • 12th March 1999
    Rentokil Ailsa Environmental Ltd v Eastend Civil Eng Ltd [1999] CILL 1506
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes 12 and 31 March 1999 E entered into a series of contracts with R to carry out minor engineering works at 15 sites. In November 1998 R indicated that it would make no further payments for any sites because of concerns about defects on 4 sites. Three of the contracts were entered into after 1 May 1998, but contained no adjudication provisions, therefore the Scottish Scheme for Construction Contracts applied. E issued notices of adjudication for these 3 contracts claiming payment of unpaid invoices The adjudicator awarded sums totalling £141,000 to E, but R did not pay nor did it sign its consent to the decisions being registered in the Books of Council and Session. E applied to the court for enforcement of the decisions, but shortly before the...
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  • 12th February 1999
    Macob Civil Eng. Ltd v Morrison Construction Ltd [1999] EWHC Technology 254
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The correct approach to enforce an adjudicator's decision is a claim form and summary judgment. A defendant cannot elect to serve notice of arbitration to dispute the decision and at the same time argue that it is not an enforceable decision.Dyson J, Technology & Construction Court12 February 1999The first case in which the court considered the adjudication provisions of HGCRA. Macob entered into a sub-contract with Morrison to carry out groundworks. Macob alleged that Morrison failed to pay an interim application, and served a notice of adjudication. The contract did not comply with all the requirements of Section 108, and therefore the Scheme applied. The adjudicator found in favour of Macob, and ordered that his decision be complied with peremptorily....
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  • 1st January 1970
    Linnett v Nicholson Case No. 9QT67607
    Claim by the adjudicator in the County Court for unpaid fees, allocated to the Small Claims Track.  Defendant entered on the adjudication on a without prejudice basis on the basis that she never accepted adjudication as the dispute resolution procedure. CC judge following Linnett -v Halliwell was bound to conlcude that the defendant could not escape liability on the jurisdictional point. Defence that adjudicator had completely failed to deal with or even refer to her counterclaim failed, Defendant argued that the adjudicator could have sought payment of the full amount from the other party. Judge stated that the adjudicator had a wide ranging discretion as the parties were jointly and severally liable. Defendant also placed reliance on the fact that the other party in the adjudication failed to obtain summary judgment for monies due. That application was unsuccesful as an application...
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