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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
9th February 2007Middleton (G) Ltd v Berry Creek Overseas Development Ltd [2007] EWHC 318 (TCC)
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9th February 2007Hart Investments Ltd v Larchpark Ltd. [2007] EWHC 291 (TCC)
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8th February 2007Multiplex Construction (UK) Ltd v Honeywell Control Systems Ltd [2007] EWHC 236 (TCC)
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6th February 2007Castle Inns (Stirling) Ltd t/a Castle Leisure Group v Clarks Contracts Ltd [2007] CSOH 21This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes This Scottish case looked at the meaning of “dispute or difference” in the context of an adjudication. The court held that the dispute referred to an adjudicator should normally be identified by reference to the claim that had been made by one party and rejected by the other. It was the totality of the claim rather than its constituent parts that was referred to adjudication. Lord Drummond Young – Outer House, Scottish Court of Session BackgroundCastle Inns appointed Clark to carry out certain construction works on their nightclub. Certain disputes arising between the parties were referred to adjudication, including, in Adjudication No.2, a dispute referred by Castle Inns over liquidated damages due as a result...
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5th February 2007Boutique Venues Pty Ltd v JACG Pty Ltd [2007] NTSC 5CORPORATIONS LAW — Corporations Act (Cth) - construction contract — Construction Contracts (Security of Payments) Act 2004 (NT) - payment dispute - application to set aside creditor's statutory demand — payment of progress claims — failure to issue progress certificates — whether genuine dispute and offsetting claim established — amount of statutory demand varied
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1st February 2007HG Construction Ltd v Ashwell Homes (East Anglia) Ltd. [2007] EWHC 144 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes This case reiterates the principle that an adjudicator’s decision may not be overruled by a subsequent adjudicator. To the extent that an adjudicator purports to decide any dispute that has already been decided by an earlier adjudicator, the later adjudicator’s decision will not be binding. Mr Justice Ramsey – Queen’s Bench Division, Technology and Construction Court Ashwell was the employer and HG Construction the contractor under a JCT contract relating to a new housing development. Various disputes arising between the parties were referred to adjudication. In Adjudication No.1, the adjudicator decided that the liquidated and ascertained damages (“LADs”) provisions in the contract were valid...
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1st February 2007Aveat Heating Ltd v Jerram Falkus Construction Ltd [2007] EWHC 131 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The adjudication provisions of the GC/Works sub-contract are invalid because they are non-compliant with the HGCRA. The offending clause in the GC/Works sub-contract provided that the adjudicator’s decision would be valid if issued after the time allowed.His Honour Judge Havery QC – Queen’s Bench Division, Technology and Construction Court This case dealt with an application for summary judgment to enforce an adjudicator’s decision. Judge Havery QC held that the following term in the contract, which incorporated the GC/Works sub-contract conditions, was non-compliant with the HGCRA: “The adjudicator’s decision shall nevertheless be valid if issued after the time allowed…”. For that reason,...
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31st January 2007Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd No 2 [2007] EWHC 145 (TCC)
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30th January 2007Lead Technical Services Ltd v CMS Medical Ltd [2007] EWCA Civ 316This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes There are exceptional cases where adjudicators’ decisions are not readily enforced by the courts. These include where it is appears that the wrong body appointed the adjudicator, or the adjudicator decided a dispute under the wrong construction contract. In Lead Technical Services Ltd v CMS Medical Ltd a consulting engineer brought an adjudication to recover around £84K in fees that were allegedly owing. The engineer was successful in the adjudication, and sought to enforce the adjudicator’s decision by way of a summary judgment application. Summary judgment (which is the usual vehicle for enforcing adjudicators’ decisions) will be granted where the court is of the view that the defendant has no real prospect of defending the...
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30th January 2007Biseja P/L v NSI Group P/L No1 [2007] NSWSC 283PROCEDURE – stay of execution – where writs recorded on land under Real Property Act – whether recording should be removed – REAL PROPERTY – Torrens Title – effect of recording a writ on title. LEGISLATION CITED : (NSW) Building and Construction Industry Security of Payment Act 1999 - (NSW) Civil Procedure Act 2005 s 135(2)(b) - (NSW) Real Property Act 1900 s 105A(6)