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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 June 2003Bracken v Billinghurst [2003] EWHC 1333 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A sum tendered by a third party, in full and final settlement of an amount awarded by an adjudicator can, if accepted, prevent the party accepting the offer enforcing the adjudicator's award against the original contracting party. HHJ Wilcox, Technology and Construction Court 10 June 2003 Bracken entered into a building contract, using the JCT Minor Works form, 1998 edition. The Contractor was described as "Billinghurst of Advance Building Technology Ltd." A dispute arose as to the cost of additional works. The Contractor left site until Bracken agreed to pay for these. Bracken determined the Contract and referred the dispute to adjudication. The adjudicator had to decide the identity of the Contractor. Billinghurst...
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29th May 2003Shimuzi Europe Ltd v LBJ Fabrications Ltd [2003] EWHC 1229This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator's decision deals with a set off or withholding notice raised during the adjudication, that will not preclude the paying party from in the future raising a set off or withholding notice relating to matters that were not put before the adjudicator; where the parties had agreed the basis of their contractual relationship in the adjudication, the adjudicator had no jurisdiction to make his decision on a different contractual basis; the TeCSA Rules (1999 v1.3) did not prevent a party applying to the Court for a declaration that the adjudicator had acted outwith his jurisdiction in making the decision that he did. Technology and Construction Court, Judge Frances Kirkham Background The claimant (“Shimizu”) was the main contractor...
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22nd May 2003Orange EBS Ltd v ABB Ltd [2003] EWHC 1187 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A 'dispute' might arise as soon as a claim is made. Where a period of discussion or negotiation needs to pass before a claim crystallizes into a 'dispute', holiday periods count when determining whether sufficient time has elapsed. HHJ Kirkham, Technology and Construction Court 22 May 2003 Orange were engaged as sub-sub-contractors by ABB to carry out mechanical services work. On 2 December 2002 Orange advanced a 'Final Account' claim. The parties had not communicated since the sub-sub-contract was terminated about five months earlier. ABB had not seen parts of the claim before and the 'Final Account' was well over twice the value of Orange's previous application. On 12 December 2002, ABB said that it considered a...
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12th May 2003Galliford Northern Ltd v Markel UK Ltd [2003] Leeds District Registry QBDThis summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The right to an indemnity for the purpose of the Third Parties (Rights against Insurers) Act 1930 will only arise from an adjudicator's award once steps have been taken to enforce that award. Judge Behrens, Queens Bench Division (Leeds District Registry) 12 May 2003 The claims arose out of a construction project in Leeds in which G was the main contractor and MHA Ltd were consulting structural engineers. A dispute arose between the parties and was referred to adjudication. Throughout the adjudication MHA disputed the Adjudicator's jurisdiction on the grounds that no written contract was ever concluded. The Adjudicator decided that he did have jurisdiction and issued his award in favour of G. MHA went into voluntary liquidation. ...
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30th April 2003Comsite Projects Ltd v Andritz AG [2003] EWHC 958 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A clause conferring a foreign jurisdiction will not prevent a party from commencing an adjudication, so long as the contract in question is a "construction contract". The adjudicator's award will be enforceable by the English courts. HHJ Kirkham, Queens Bench Division (Birmingham TCC) 30 April 2003 C had entered into a building services sub-contract with A to install various services at a new wastewater treatment works and sewage-recycling centre at Sandown, Isle of Wight. Disputes arose between the parties. Clause 20 of the building services sub-contract provided that "All disputes arising in interpretation or execution of the present contract, its annexes or in connection with documents issued by both parties to the contract,...
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1st April 2003Trustees of Harbour of Peterhead v Lilley Construction [2003] CA 229/02This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes There was nothing in the terms of the contract to support the argument that, adjudication having taken place, a referral to arbitration was now precluded. Paragraph 23(1) of the Scheme for Construction Contracts recognises that arbitration can follow adjudication. It would be pedantic for the Court to require that a Notice of Dispute, let alone a Notice to Refer, be served before entertaining an application to stay for arbitration. Lord Mackay, Outer House, Court of Session 1 April 2003 L undertook construction works for THP on terms incorporating ICE6. The Scheme for Construction Contracts applied to the contract. L served a notice of adjudication on THP on 13 December 2001, and referred a dispute between the parties...
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20th March 2003Beck Peppiat Ltd v Norwest Holst Construction Ltd [2003] EWHC 822 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Judge held that the law is as stated in Sindall v Solland: "For there to be a dispute for the purposes of exercising the statutory right to adjudication it must be clear that a point has emerged from the process of discussion or negotiation that has ended and that there is something which needs to be decided". This did not conflict with the approach in Halki, and the word 'dispute' should not be given a specialised meaning for the purpose of adjudication. Mr Justice Forbes, Technology and Construction Court20 March 2003B entered into a sub-contract with N for construction work. N referred three issues to adjudication: (1) whether BP was entitled to a further extension of time, (2) the final evaluation of any loss and expense payable to BP, and...
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19th March 2003R. Durtnell & Sons Ltd v Kaduna Ltd [2003] EWHC 517 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A dispute cannot arise before an independent third party who is asked to decide an issue has reached his decision. A party would not be penalised for raising a jurisdiction point in enforcement proceedings unless it had knowingly elected not to raise it in the Adjudication. Judge Richard Seymour QC, Technology and Construction Court 19 March 2003 D undertook building work for K under a JCT 80 contract including amendment 18. Various disputes arose, some of which D referred to adjudication. The Adjudicator awarded D an extension of time and release of liquidated damages for loss and expense that had been withheld by K. K did not pay the whole sum awarded. D sought summary judgment for the amount outstanding. K argued that the Adjudicator had exceeded...
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6th March 2003Harvey Shopfitters Ltd v ADI Ltd [2003] TCCAn issue was raised as to whether the IFC Sectional Completion Supplement was imported into the agreement. Whether or not it was accepted did not affect the nature of the agreement nor determine whether or not the IFC Conditions were part of the Contract. The appropriate approach to the issues is as follows: the Courts now adopt a practical approach to whether and what agreement should be upheld; niceties which might on a more traditional approach have been regarded as precluding agreement will not now be so regarded unless essential to the basis of the agreement; this is the more so where the contract has been fully performed.