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.

  • 19th January 2012
    Shepherd Construction Limited v Pinsent Masons LLP [2012] EWHC 43 (TCC)
  • 21st December 2011
    Lanes v Galliford Try [2011] EWCA Civ 1617
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary (1) The English Court of Appeal held that the claimant in an adjudication may, if it has not served its referral notice, let the adjudication lapse and commence a new adjudication before a different adjudicator. (2) A preliminary view issued by an adjudicator prior to the final decision will not demonstrate bias unless it is apparent to a fair minded observer that the adjudicator has reached a final decision before receiving submissions and evidence from both parties. The Court of Appeal, LJ Richards, LJ Stanley Burton and LJ Jackson The Court of Appeal was asked to consider three appeals from the decisions of the Technology and Construction Court (“TCC”) in relation to the jurisdiction of an adjudicator and enforcement of an...
  • 21st December 2011
    Alstom Power v Somi Impianti S.R.L. [2011] EWHC 3941
  • 21st December 2011
    Leander Construction Limited v Mulalley & Company Limited [2011] EWHC 3449
  • 6th December 2011
    Sprunt Limited v London Borough of Camden [2011] EWHC 3191(TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 6.12.2011 SUMMARY (1) Where a contract is made by a written offer being accepted by conduct, this may constitute a contract in writing for the purposes of Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”); (2) non-compliance with s.108 HGCRA will result in contractual dispute resolution provisions being replaced by the Scheme for Construction Contracts (the “Scheme”); and (3) it is inherently unsound and contrary to the policy of the HGCRA for a contract to provide that one of the parties will nominate the adjudicator .Technology and Construction Court, Mr Justice AkenheadBACKGROUNDIn 2001, Sprunt Ltd (“Sprunt”) and the London Borough of Camden (“Camden”) entered into...
  • 23rd November 2011
    Partner Projects Limited v Corinthian Nominees Limited [2011] EWHC 2989 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment Date: 23.11.2011 SUMMARY (1) In a dispute arising under a building contract based upon the JCT 1998 standard form of contract, Private Without Quantities with Contractor’s Design Portion, an adjudicator was entitled to award a contractor interest on sums which had not been certified by the architect.  (2) It was more likely than not that the contractor would not be able to repay the whole of the sum awarded by the adjudicator if ordered to do so but would be able to repay a major part of it.  However, the Court would not, in the particular circumstances of this case, order a stay of execution either in whole or in part of its judgment enforcing the award.Technology and Construction Court, Edwards-Stuart JBACKGROUNDIn October 2003 Corinthian Nominees...
  • 10th November 2011
    Carillion Construction v Stephen Andrew Smith [2011] EWHC 2910 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 10.11. 2011 SUMMARY Issues that are the same or substantially the same as those decided in a previous adjudication cannot be re-evaluated in a further adjudication.  The Court gave guidance as to the factors to be taken into account in considering whether the same or substantially the same dispute has been referred to or resolved in an earlier adjudication.Technology and construction Court, Mr Justice AkenheadBACKGROUNDCarillion Construction Ltd (“Carillion”) was the main contractor employed by The Royal Liverpool and Broadgreen University Hospitals NHS Trust to carry out infrastructure refurbishment at Broadgreen Hospital in Liverpool. In May 2000, Carillion engaged Underground Pipeline Services (the “Sub-Contractor”) to supply,...
  • 3rd November 2011
    NAP Anglia Ltd v Sun -Land Development Co Ltd [2011] EWHC 2846 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Judgement date: 3 November 2011(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...
  • 27th October 2011
    Systech International v PC Harrington [2011] EWHC 2722 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment Date: 27.10.2011 SUMMARY (1) An Adjudicator whose decision had been found to be unenforceable by reason of a failure to comply with the rules of natural justice was still entitled to his fees.Technology and Construction Court, Akenhead J BACKGROUNDThis case arose from the decision in PC Harrington Contractors Limited v Tyroddy Construction Limited [2011] EWHC 813 (TCC) (for a summary click here). Essentially, Tyroddy Construction Limited (“Tyroddy”) had commenced three adjudications against PC Harrington Contractors Limited (“Harrington”) for the repayment of retention monies in relation to three separate sub-contracts.  The same adjudicator was appointed for each adjudication. He was employed by Systech International Limited...
  • 21st September 2011
    Hackney Empire Limited v AVIVA Insurance UK Limited [2011] EWHC 2378