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.

  • 22nd October 2009
    Ericsson AB v EADS Defence and Security Systems Limited [2009] EWHC 2598
  • 9th October 2009
    London Borough of Camden v Makers UK Limited [2009] EWHC 2944
  • 8th October 2009
    Geoffrey Osborne v Atkins Rail Ltd [2009] EWHC 2425 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Where a final decision is obtained from a court or tribunal, declaring the adjudicator to have made an error, this can, in certain circumstances, be used as a basis for the court not enforcing the adjudicator’s decision. Technology and Construction Court, Mr Justice Edwards-Stuart Facts Atkins Rail Ltd (“ARL”) was employed by Network Rail as the main contractor for the design and construction of signalling works. ARL sub-contracted the civils works to Geoffrey Osborne Ltd (“GOL”).  The sub-contract between the parties was subject to the Railtrack PLC Adjudication Rules.  ARL and GOL fell into dispute, which was subsequently referred to adjudication. The Adjudicator made a significant error in his decision...
  • 28th September 2009
    JPA Design & Build v Sentosa (UK) and Sentosa (UK) and JPA Design & Build [2009] EWHC 2312
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The case concerned two adjudications arising from the same contract.  The Court allowed the defendant to set off LDs that it had been awarded in the second adjudication against sums that the claimant had been awarded in the first adjudication.   Technology and Construction Court,  Mr Justice Coulson Background Sentosa (UK) Ltd (“Sentosa”) engaged JPA Design and Build Limited (“JPA”) to carry out the design and construction of a new medical centre. The contract was in the JCT Design and Build Form, 2005 edition, 2007 revision.  The contract provided that Sentosa would make an Advance Payment of £300,000 to JPA “to be reimbursed to the Employer at the time of the agreement of...
  • 3rd September 2009
    Mr S Hart t/a DW Hart & Son v Mr Dennis Smith & Mrs Jacqui Smith [2009] EWHC 2223
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary In the circumstances of this case the Court did not allow the defendant employer to deduct LDs from a sum that it had been ordered to pay over to the claimant contractor.  The defendant had failed to show that its entitlement to LDs followed logically from the decision of the adjudicator. Technology and Construction Court, HHJ Toulmin CMG Background The defendant employers (“ the Smiths”) employed the claimant contractor  (“Mr Hart”) to convert a number of barns into dwelling houses pursuant to a JCT Standard Form of Building Contract with Quantities 2005 edition (“the contract”).  The parties fell into dispute over payment and Mr Hart referred the matter to adjudication.  The Smiths...
  • 1st September 2009
    Balfour Beatty Engineering v Shepherd Construction Limited [2009] EWHC 2218
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The case concerned a disputed enforcement of an adjudicator’s decision.  The defendant resisted enforcement on the grounds that in serial adjudications, the second adjudicator had decided something that had already been decided by the first.  The decision of the second adjudication was cast in colloquial and loose language and the defendant argued this made the decision unintelligible, therefore breaching the rules of natural justice.  The defendant also claimed that the adjudicator was biased against its delay analysis expert and failed to give sufficient reasons for his decision.   Technology and Construction Court, Mr Justice Akenhead Background Shepherd Construction Limited (“SCL”) was the...
  • 12th August 2009
    Estor v Multifit (UK) Limited [2009] EWHC 2108
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary This case concerned the disputed enforcement of an adjudicator’s decision.  The Court held that: where a jurisdictional challenge is dependent on fact and evidence, the Court is only permitted to give summary judgment against the defendant if it considers that the defendant “has no real prospect of successfully defending the claim or issue”.  However, provided that the adjudicator had jurisdiction under a written construction contract, it did not affect his jurisdiction that he decided that the contract contained more terms than those referred to in the Adjudication or Referral Notices.  The Court also held that the adjudicator’s decision regarding responsibility for his fees would have been severable...
  • 11th August 2009
    Camilln Denny Architects v Adelaide Jones & Company Limited [2009] EWHC 2110
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication SUMMARY In this case, the court held that the defendant had no real prospect of establishing that its contract with the claimant had been novated so that it had been replaced as a party to the contract by another company.  Accordingly its challenge to the adjudicator’s award on the ground that he had no jurisdiction failed.  In addition to rejecting the jurisdictional challenge of the losing party, the Court also showed that it will be quick to dismiss attempts to avoid enforcement which are based on nothing more than spurious arguments as to bias and/or natural justice.   Technology and Construction Court, Mr Justice Akenhead BACKGROUND Camillin Denny Architects Ltd (“CDA”) were employed by Adelaide Jones & Co. Ltd (“AJ”)...
  • 5th August 2009
    Adonis Construction v OKeefe Soil Remediation [2009] EWHC 2047 (TCC)
  • 4th August 2009
    Vision Homes v Lansville Construction Ltd [2009] EWHC 2042
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In this case the court held that (a) where an adjudicator had not been appointed in accordance with the provisions of the adjudication clause in the contract, he lacked jurisdiction and his award was unenforceable; (b) where the Scheme for Construction Contracts applied, there could be two adjudications on the same issue at the same time provided that no decision had been reached in either adjudication. The Technology and Construction Court, Mr Justice Christopher Clarke Background Vision Homes Limited (“Vision”) employed Lancsville Construction Ltd (“LCL”) to undertake works in relation to a number of new apartment blocks.  LCL and Vision subsequently fell into dispute on a number of matters, including whether or...