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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8th March 2006
Capital Structures Plc v Time & Tide Construction Ltd [2006] EWHC 591 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where there has never been a contract because it has been avoided on the grounds of duress, it logically follows that any arbitration or adjudication provision in that contract also becomes void. His Honour Judge David Wilcox, Technology and Construction Court The Claimant (‘Capital’) was appointed as subcontractor by the defendant main contractor (‘Time’) in respect of the supply, delivery and installation of structural steelwork and cladding and the supply of labour and plant for a project. Disputes arose regarding valuations and interim payments and Capital withdrew from the site. Kerrington (Time’s employers) threatened to take over the development which action, according to Time, could have resulted...

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6th March 2006
Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd [2006] EWHC 848 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An alleged error by an adjudicator to consider evidence submitted by one of the parties will not invalidate the enforceability of the decision made by the adjudicator. This case provides a useful reminder that the adjudication system subordinates the need to have the “right” answer to the need to have an answer quickly.Mr Justice Jackson – Queen’s Bench Division, Technology and Construction Court In November 2001, Kier agreed to carry out refurbishment and rebuilding works for CG. The Contract Administrator was AYH Plc. A number of delays and problems arose during the course of the works for reasons which were in dispute between the parties and which generated a number of adjudications. In Adjudication...

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9th February 2006
John Roberts Architects Ltd v Parkcare Homes (No. 2) Ltd [2006] EWCA Civ 64

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes To interpret an adjudication clause, which stated that an adjudicator could award a party its legal costs “as part of his decision", as meaning that the adjudicator could not award costs where he did not give a substantive contested decision as to the matters referred to him, led to an odd and uncommercial result. On the proper construction of the clause, the adjudicator was entitled to award a party its costs despite the fact that he had not made a substantive decision. Lord Justice May, Lord Justice Keene and Lord Justice Baker – Court of Appeal (Civil Division) In October 2002, Parkcare Homes employed John Roberts Architects (JRA) to provide architectural services in relation to certain building works. A dispute arose which...

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9th February 2006
Cunningham v Collett & Farmer (a firm) [2006] EWHC 148 (TCC)

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6th February 2006
Interserve Industrial Services Ltd v Cleveland Bridge UK Ltd [2006] EWHC 741 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes This case constitutes a reminder that sums awarded in an adjudication are (absent special circumstances) immediately payable. The losing party cannot withhold sums awarded by the adjudicator on the grounds that it anticipates being awarded a similar sum in a future adjudication with the same party.Mr Justice Jackson – Queen’s Bench Division, Technology and Construction CourtThe Highways Agency employed Nuttall to refurbish a viaduct on the M1. Nuttall engaged Cleveland to carry out certain works. Cleveland in turn sub-contracted part of the job to Interserve. The project was subject to various delays and the parties engaged in a series of adjudications. Cleveland came under an obligation to pay sums awarded...

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2nd February 2006
Quietfield Ltd v Vascroft Contractors Ltd [2006] EWHC 174 (TCC)

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27th January 2006
Michael John Construction Ltd v Golledge [2006] EWHC 71

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Adjudication is a procedure which is effective between parties to a construction contract. In cases where unincorporated association enter into construction contracts it is not always clear as to who, personally, is liable under the contract. This can give rise to difficulties if, mistakenly, a party attempts to bring an adjudication against a person who is not a party to that contract. On the facts of the case, the claimant could elect to enforce the relevant adjudicator’s decision against either the association’s trustees, as principal, or against the person who had signed the contract (either as their agent or, on a personal basis). The judge rejected the defendants’ other defences to enforcement. The...

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27th January 2006
Rankilor & Perco Engineering Service Ltd v Igoe (M) Ltd [2006] Adj.L.R. 01/27

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator’s decision will only be unenforceable for a serious breach of the rules of natural justice in very exceptional cases. An adjudicator who made a finding of fact on an issue raised by the parties, but which was a finding that neither party had contended for, was held not to have committed a serious breach of the rules of natural justice. His Honour Judge Gilliland QC – Queen’s Bench Division, Salford District Registry, Technology and Construction CourtBackground Igoe appointed Perco as a sub-contractor to carry out some auger boring work. The sub-contract was a fixed price contract and the agreed term, according to Igoe, for completing the work was 10 days. Perco encountered difficulties carrying out...

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23rd January 2006
CFW Architects (A Firm) v Cowlin Construction Ltd [2006] EWHC 6 (TCC)

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20th January 2006
Baris Ltd v Kajima Construction Europe (UK) Ltd. [2006] EWHC 31 (TCC)

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