- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
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.
-
29th July 2009Beck Interiors Limited v Dr Mario Luca Russo [2009] EWHC B32 (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 third party has given a personal guarantee to the performance of a contract, which subsequently becomes subject to adjudication in which he does not personally become bound by the award of the adjudicator, he would not be bound by the adjudicator’s decision in relation to his personal obligation under the guarantee. Technology and Construction Court, Mr Justice Ramsey Background Dr Russo was a 90% shareholder and sole director of a company in the business of providing spa treatments (the “Company”). The Company appointed Beck Interiors Limited (“Beck”) by way of a letter of intent dated 28 October 2008 to carry out works to create new premises for the Company. A payment schedule was appended...
-
28th July 2009Workspace Management v YJL London Ltd [2009] EWHC 2017This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary In this case, where adjudication and arbitration proceedings were proceeding concurrently, the Court held that a party was entitled to set-off a decision in its favour in the adjudication against an award of the arbitrator against it in the arbitration. Technology and Construction Court, Mr Justice Coulson Background Workspace Management Limited (“Workspace”) engaged YJL London Limited (“YJL”) to carry out construction works. The contract between the parties incorporated adjudication provisions and an arbitration clause. Disputes were referred to an adjudicator, who found that YJL was liable to pay Workspace substantial sums by way of liquidated damages and previously overpaid loss and expense. YJL...
-
24th July 2009Jim Ennis Construction v Premier Asphalt Limited [2009] EWHC 1906This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary An unsuccessful party to an adjudication under the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) could bring a claim to recover monies paid pursuant to the adjudicator's award notwithstanding the fact that its original counterclaim in the adjudication was statute barred by virtue of the Limitation Act 1980. This was because there was an implied term of the contract that where one party has paid monies to the other party in compliance with the decision of an adjudicator then that party is entitled to have the dispute finally determined by legal proceedings and, if or to the extent that the dispute is finally determined in his favour, to have those monies repaid to him. The cause of action under...
-
14th July 2009Windglass Windows v Capital Skyline Construction & London & City Group Holdings [2009] EWHC 2022This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication SUMMARY An adjudicator had not exceeded his jurisdiction by finding that it was a requirement that the grounds for withholding payment set out in a withholding notice issued pursuant to the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) should be valid for that notice to be effective. A defendant in an adjudication cannot rely on a cross-claim which has not been the subject of a withholding notice. Technology and Construction Court, Mr Justice Coulson BACKGROUND Capital Skyline Construction Ltd (“Capital”) engaged Windglass Windows Ltd (“Windglass”) to supply and install glazing. London and City Group Holdings Ltd (“LCGH”) was Capital’s parent company. Capital's...
-
8th July 2009Aceramais Holdings Limited v Hadleigh Partnerships Limited [2009] EWHC 1664This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The court held, on the facts of this case, that there was a “contract in writing” for the purposes of s. 107(2) of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”). In relation to an ongoing adjudication, the Court will only make a declaration that a contract is not “in writing” where the case is so clear-cut that it can act quickly and in effect stop the adjudication by way of the declaration. Technology and Construction Court, HHJ Frances Kirkham Background Aceramais Holdings Ltd (“AHL”) entered into discussions with Coventry Timber Frame Company (CTF) to undertake a project whereby AHL would purchase a property and CTF would develop it; the companies were to split...
-
25th June 2009William Hare Limited v Shepherd Construction Limited [2009] EWHC 1603
-
18th June 2009North Midland Construction v AE & E Lentjes UK Limited [2009] EWHC 1371This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Enabling and civils works for plant at a power station site were not excluded from the definition of “construction operations” by s.105(2)(c)(i) of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”) and the sub-contracts for these works were therefore subject to the provisions of the Act. Technology and Construction Court, Mr Justice Ramsey BackgroundAE & E Lentjes UK Ltd (“AEE”) as the turnkey contractor for works to install flue gas desulphurisation plant at two coal-fired power station subcontracted the necessary enabling works and civils to North Midland Construction Plc (“NMC”). The enabling works included erecting temporary fencing and gates, constructing temporary...
-
16th June 2009Primus Building v Pompey Centre & Slidesilver [2009] EWHC 1487This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary What counts as sufficient service of an adjudication notice when a contract requires “personal delivery”? Will the court enforce an adjudicator’s decision that is reached having regard to matters which both the parties have agreed should be ignored? Technology and Construction Court, Mr Justice Coulson Background Pompey employed Primus pursuant to a bespoke contract to provide construction management services in relation to a new build hotel and office complex. Part of the works was cancelled. Primus claimed loss of profit in the sum of £107,253.73 plus VAT and served an adjudication notice on Pompey by post. The contract stated that all notices needed to be served either by “personal...
-
7th May 2009Bovis Lend Lease v Cofley Engineering Services [2009] EWHC 1120