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.

  • 19th October 2010
    Gibralter Residential Properties Ltd v Gibralcon 2004 SA [2010] EWHC 2595 (TCC)
  • 7th October 2010
    All Metal Roofing v Kamm Properties [2010] EWHC 2670 (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 there was an oral agreement preceding the issuance of a purchase order in relation to a construction contract, this would not preclude the contract from being “in writing” for the purposes of s.107 of the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) in circumstances where the purchase order contained a term which was different from that agreed orally.  (2) Though it was not necessary to decide the case, and therefore not of binding authority, the Court was of the opinion that a reservation of rights with regards to the jurisdiction of an adjudicator would be effective if made within a very short period of time of putting in the first document described as a “Defence”...
  • 9th September 2010
    Volker Stevin v Holystone Contracts [2010] EWHC 2344 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Volker Stevin v Holystone Contracts [2010] EWHC 2344 (TCC) Judgment Date: 9 September 2010 summary  (a) Where an adjudicator makes enquiries of the parties, and allows new material to be advanced as a result, his decision will not be reached unfairly or outside of jurisdiction provided that all parties see the new material and have an opportunity to comment upon it.  (b) A reduction in the sum claimed in an adjudication will not of itself give rise to a valid jurisdictional challenge as it is inevitable that in any complex construction claim the figures will alter as more information becomes available.  (c) The mere fact that an adjudicator knew that a without prejudice offer had been made does not of itself give rise to a valid challenge...
  • 3rd September 2010
    MBE Electrical Contractors v Honeywell Control Systems
  • 10th August 2010
    Aedifice Partnership v Ashwin Shah [2010] EWHC 2106 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Where there is no agreement between the parties, whether express or implied, as to the power of the adjudicator to decide his own jurisdiction, then an adjudicator’s ruling on that issue will not be determinative and the challenger can defeat enforcement proceedings by showing a respectable case that the adjudicator has reached an erroneous conclusion as to jurisdiction.  One principal way of determining that there is no implied agreement is if the party objecting to the jurisdiction of the adjudicator makes a clear reservation.  No particular form of words is required to make this reservation.  Everything said and done during the course of the adjudication can be analysed to see whether a reservation was intended. Technology...
  • 30th July 2010
    Nickleby v Somerfield [2010] EWHC 1976 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Where an adjudicator did in fact have jurisdiction and would have come to the conclusion that he had jurisdiction if he had been aware of all the facts, then his decision should be enforced, notwithstanding the fact that the case relied upon by the claimant in enforcement proceedings differed from the case relied upon during the adjudication. Technology and Construction Court, Mr Justice Akenhead Background The claimant (“Nickleby”) was engaged by the defendant (“Somerfield”) to provide management services in relation to the maintenance of a number of supermarkets for three years pursuant to a bespoke contract dated 1 May 2006.  A one-year’s extension to the contract was negotiated.  There was subsequently...
  • 29th July 2010
    Straw/Haymills v Shaftsbury House (Developments) [2010] EWHC 2597 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (a) Where the claiming party to an adjudication enters administration before an adjudicator delivers his decision, this will not of itself mean the adjudicator lacks jurisdiction to make his decision. (b) Where a contract contains a provision to the effect that an adjudicator’s decision will become final and binding unless a notice is given within a specified period of time, the notice provision will not be satisfied by the mere fact that litigation concerning the contractual position is already afoot. (c) Where the decision of an adjudicator has not become final and binding then the principles applicable to the balancing of accounts on insolvency will trump the statutory obligation to comply with the decision and the decision will not...
  • 13th July 2010
    Fileturn v Royal Garden Hotel [2010] EWHC 1736 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary Where an adjudicator has previously worked closely with the claims consultants representing a party to adjudication, this did not of itself give rise to a triable issue of apparent bias. There was one test for apparent bias and that was whether an informed and fair-minded observer, having considered the relevant facts, would conclude that there was a real possibility that the adjudicator was biased. Technology and Construction Court, Mr Justice Edwards-Stuart background The claimant (“Fileturn”) sought to enforce an adjudicator’s decision in the sum of about £220k (plus VAT) by way of summary judgment against the defendant (“RGH”). The application was resisted on the grounds of apparent bias on the part...
  • 26th June 2010
    Enterprise Managed Services v Tony McFadden Utilities [2010] EWHC 1506 (TCC)
  • 25th June 2010
    Anglian Water v Laing ORourke Utilities Ltd [2010] EWHC 1529 (TCC)