England Cases

There are over 300 English cases in our database. This page shows all the cases by default, but you can filter the list by using the search tool above. You can search within the title, key terms, court name, judge's name and case notes fields by inputting a word, or words, or part of a word, or a phrase, into the search box.

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10th July 2012
Squibb Group Limited v Vertase F.L.I. Limited [2012] EWHC 1958 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 10.07.2012 SUMMARY An unsuccessful party to an adjudication will generally not be entitled to avoid the result of the adjudication by relying on a right to set-off any other claims. There are exceptions to this rule: (1) the right to set-off may be provided by the terms of the contract but such wording must be clear and must not offend the requirement for immediate enforcement of the adjudicator’s decision; (2) if the adjudicator’s decision is in the nature of a declaration as to the contractual payment machinery, rather than a one-off award, a respondent may be able to rely on the payment provisions of the contract to issue a withholding notice. In this case, the respondent was not entitled to set-off its claim for liquidated and ascertained...

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4th July 2012
Beck Interiors Ltd v UK Flooring Contractors Ltd [2012] EWHC 1808 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgement date: 4.07.2012 SUMMARY Where only one working day (five calendar days spanning the Easter bank holiday weekend) was given for the respondent to consider and respond to a claim, a dispute regarding that claim was held not to have crystallised before the commencement of adjudication proceedings and an adjudicator did not have jurisdiction to decide on it.Where an adjudicator made an award in respect of a claim that was made up essentially of two parts and there was no difficulty in identifying clearly what the adjudicator had decided in relation to each part, the Court severed the award and enforced only that part of it which the adjudicator had jurisdiction to decide.Technology and Construction Court, Mr Justice AkenheadBACKGROUNDBeck...

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1st June 2012
WW Gear Construction Ltd v McGee Group Ltd [2012] EWHC 1509 (TCC)

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15th May 2012
R and C Electrical Engineers Limited v Shaylor Construction Limited [2012] EWHC 1254 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment Date: 15.05.2012 SUMMARY (1) A sub-contractor had failed to show that the certification procedure under the main contract had broken down and could not be revived. Accordingly he was not entitled to immediate payment of the final payment under his sub-contract awarded to him by an adjudicator, where the adjudicator had also held that the amount was only payable following the issue of the Final Certificate under the main contract. (2) The main contractor was not prevented from setting off against the amount awarded any sum that it would have been entitled to set off against the final payment under the final payment clause in the sub-contract.Technology and Construction Court, Edwards-Stuart JBACKGROUNDAshley House PLC (Ashley) entered into a...

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24th April 2012
Working Environments Ltd -v- Greencoat Construction Ltd [2012] EWHC 1039 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 24.04.2012 SUMMARY (1) A dispute concerning an interim valuation can be commenced prior to the valuation falling due for payment; (2) the Adjudicator had no jurisdiction to decide on two new items of claim that were only raised 22 days into the adjudication process and (3) the Adjudicator’s decision in respect of these items was severable.Technology and Construction Court, Mr Justice AkenheadBACKGROUNDGreencoat Construction Ltd (“Greencoat”) was the main contractor employed to carry out substantial fitting out works to an office building. Greencoat engaged Working Environments Ltd (“WE”) under a sub-contract to carry out the mechanical services installation for the project. The sub-contract contained...

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17th April 2012
J B Leadbitter & Co v Hygrove Holdings Ltd [2012] EWHC 1941 (TCC)

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15th March 2012
Walter Lilly & Co Ltd v DMW Developments Ltd [2012] EWHC 649

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21st February 2012
Berry Piling Systems Limited v Sheer Projects Limite [2012] EWHC 241 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 21.02.2012 SUMMARY (1) Where a point is made by an Adjudicator in his decision that has not previously been raised with the parties, this will not render his decision unenforceable on grounds of a material breach of natural justice if it does not from part of his reasons for reaching his conclusion and, even if it does, would not have made any material difference to the outcome.(2) When considering a party’s ability to repay a sum for the purposes of an application for a stay of execution of a judgment enforcing an adjudicator’s award, the court should consider that party’s position at the time when the judgment sum might have to be repaid.Technology and Construction Court, Mr Justice Edwards-StuartBACKGROUNDSheer Projects Limited (“Sheer”)...

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26th January 2012
Herbosh-Kiere Marine Contractors Limited v Dover Harbour Board [2012] EWHC 84(TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 26.01.2012 SUMMARY An adjudicator had (1) exceeded his jurisdiction by applying a methodology in determining the dispute which formed no part of the dispute referred to him and (2) breached the rules of natural justice, doubtless unwittingly, by deciding the case not only on a basis that had not been advocated by either party but also without giving each party the opportunity to make submissions at least on the method of assessment which the adjudicator considered that he should adopt.Technology and Construction Court, Mr Justice AkenheadBACKGROUNDHerbosh-Kiere Marine Contractors Ltd (“HKM”) entered into a contract with Dover Harbour Board (“DHB”) whereby HKM agreed to provide the equipment, including barges, personnel...

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23rd January 2012
NAP Anglia Ltd v Sun-Land Development Co Limited EWHC 51 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary (1) There is a fundamental difference between failure to address a substantive defence and failure to address some particular aspect of evidence or element of a party’s submissions. Whilst the former might give rise to a breach of natural justice, the latter would not. (2) Where the successful party to an adjudication applies to the Court to enforce the adjudicator’s award, the fact that litigation is ongoing on the same issues in the county court is not, except in extraordinary circumstances, a reason for staying execution of any summary judgment given by the Court on the application to enforce the adjudicator’s award. (3) In proceedings to enforce an adjudication award, where there was a risk that the claimant would be unable...

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