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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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21st November 2014Matthew Harding t/a M J Harding Contractors v Paice [2014] EWHC 3824 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary An Adjudicator’s Decision that a Pay Less Notice was invalid did not preclude the referral of a subsequent dispute which alleged that the amount “properly due” under a Contract was less than the amount awarded in the earlier Decision. Technology and Construction Court, Mr Justice Edwards-Stuart background The Claimant contractor, M J Harding Contractors (“Harding”), was employed by the Defendants, Gary George Leslie Paice and Kim Springall (“Paice and Springall”) under an amended JCT Intermediate Form of Building Contract 2011 dated 25 March 2013 (the “Contract”). The Contract incorporated the adjudication provisions of the Scheme for Construction Contracts (the “Scheme”). There...
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7th November 2014Eurocom Limited v Siemens PLC [2014] EWHC 3710 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary 1. Where the application form requesting the nomination by the RICS of an adjudicator on a construction contract includes a fraudulent misrepresentation this invalidates the process of appointment and consequently the adjudicator appointed does not have jurisdiction. Although the application form states that the RICS will automatically copy the form to the responding party this is merely best practice and its failure to do so does not nullify the nomination. Further, if a party, in breach of contract, subverts the adjudication process in a way which goes to the heart of the appointment then the adjudicator does not have jurisdiction. 2. By considering and deciding claims that were determined...
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24th October 2014A.T Stannard v James Tobutt and Thomas Tobutt [2014] EWHC 3491 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary In this case, the Court (1) held that the issue of whether an adjudication between two entities could be initiated where an alleged novation of the building contract removed the contractual link between those two parties was a jurisdictional issue and not a threshold issue; (2) found that the defendant had waived the right to challenge enforcement of the adjudicator’s award on this ground; (3) refused to adjourn a hearing for summary judgment because, even if the defendant had not waived its right, the evidence filed by the defendant did not provide an evidential basis for such an argument; (4) rejected an application for indemnity costs because there was “just about an arguable point” that there was a threshold as opposed...
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21st October 2014Broughton Brickwork Ltd v F Parkinson Ltd [2014] EWHC 4525 (TCC)
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17th October 2014Roland Horne v Magna Design Building Limited [2014] EWHC 3380 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes SUMMARYWhen deciding on the jurisdiction of the adjudicator the Notice of Adjudication must be analysed to ascertain what dispute is being referred to adjudication. This should be considered within the context of any previous communications between the parties. In this case it was held that although the adjudicator had jurisdiction to decide whether sums were payable to the referring party, he correctly decided that he did not have jurisdiction to award sums to the responding party as a net sum, as this was not part of the dispute in question. Furthermore, the Court could not decide summarily that a specific amount was due to the responding party on the basis of the Adjudicator’s award as the Adjudicator did not actually find that the cross...
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10th October 2014Peterborough City Council v Enterprise Managed Services Ltd Enterprise Managed Services Ltd [2014] EWHC 3193 (TCC)
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23rd September 2014Hurley Palmer Flatt v Barclays Bank Plc [2014] EWHC 3042 (TCC)This Part 8 claim raises an issue of the extent to which the rights of a third party enforceable under the Contracts (Rights of Third Parties) Act 1999 (“the 1999 Act”) can be determined by adjudication under an express term contained within the agreement between the original contracting parties. The issue requires consideration of the relevant agreement, the 1999 Act and the nature of adjudication proceedings
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31st July 2014Morphuse Framing Solutions Limited v Bracknell Property Limited HT-14-206