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.

  • 5th December 2008
    Quartzelec Ltd v Honeywell Control Systems [2008 EWHC 3315
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The respondent in an adjudication is entitled to raise any defence open to him which relates to the claim, and failure by the adjudicator to consider it will amount to a significant jurisdictional error and a breach of natural justice. His Honour Judge Stephen Davies, Queen’s Bench Division, Manchester District Registry, Technology and Construction Court BACKGROUND Honeywell, a sub-subcontractor on the Liverpool Paradise Street development, engaged Quartzelec as sub-sub-subcontractor to design, supply, install, document and commission communication systems.  The scope of Quartzelec’s works was varied and Quartzelec sought interim payment (in several consecutive applications) for the revised work scope and associated prolongation...
  • 4th December 2008
    Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd [2008] EWHC 3029 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary This case confirms that courts will do their utmost to uphold the objective that underlies the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) by enforcing an adjudicator’s decision unless it is plain that the question that the adjudicator has decided is not the question referred to him or the manner in which he has gone about his task is obviously unfair. Mr Justice Coulson, Queen’s Bench Division, Technology and Construction Court BACKGROUND Modus employed Balfour Beatty to carry out design and construction works to a shopping centre.  During the course of the project, a dispute arose over whether certain work carried out by Balfour Beatty constituted a Change entitling it to additional payment...
  • 17th November 2008
    Allen Wilson Joinery Ltd v Privetgrange Construction Ltd [2008] EWHC 2802 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary All express terms of the contract must be recorded in writing for the contract to come within Part II of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”), not just those material to the issues under adjudication.  However, implied terms will not cause an otherwise written contract to fall outside the operation of Part II.  Mr Justice Akenhead, Queen’s Bench Division, Technology and Construction Court BACKGROUND Privetgrange Construction (“PC”), the main contractor in a development known as Silverwood, engaged Allen Wilson Joinery (“AWJ”) as a sub-contractor to manufacture, deliver and install three flights of stairs.  The parties first made contact in May 2007 following...
  • 13th November 2008
    Knight Build v Urvasco [2008] EWHC 3056 (TCC)
  • 31st October 2008
    Liberty Mercian v Dean & Dyball Construction Ltd [2008] EWHC 2617 (TCC)
  • 17th October 2008
    Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd [2008] EWHC 2454 (TCC)
  • 25th September 2008
    Birmingham City Council v Paddison Construction Ltd [2008] EWHC 2254 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator is entitled to make no decision on an issue which is too complex to decide fairly and impartially – but if the adjudicator does make a decision, there’s no second bite of the same cherry.Her Honour Judge Frances Kirkham – Queen’s Bench Division, Technology and Construction Court Background Birmingham City Council (“BCC”) engaged Paddison Construction Limited (“Paddison”) to undertake construction work for a new community and training centre.  Practical completion was delayed, and a dispute arose as to which of the parties was responsible for the delay and its financial consequences. Paddison referred the dispute to adjudication, claiming an extension of time up to the date of practical...
  • 17th September 2008
    Benfield Construction Ltd v Trudson (Hatton) Ltd [2008] EWHC 2333 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator has no jurisdiction where the same or substantially the same dispute has previously been the subject of an adjudicator’s decision.  If the underlying dispute is the same in successive adjudications then an adjudicator will not have jurisdiction, even if the legal issues which are raised in those successive adjudications differ from those raised in the original adjudication. Mr Justice Coulson, Queen’s Bench Division, Technology and Construction Court Background Trudson engaged Benfield to carry out works pursuant to a JCT Form of Contract (With Contractor’s Design) 1998 edition, which provided for liquidated damages in the event that the date for completion was not met.  The works were seriously delayed...
  • 16th September 2008
    Vitpol Building Service v Samen [2008] EWHC 2283 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The TCC cannot deprive a claimant of its potential right to adjudication by refusing to determine the existence and/or terms of a contract simply because a pre-action protocol process dealing with this and other issues has already been substantially completed.    Mr Justice Coulson, Queen’s Bench Division, Technology and Construction Court Background Michael Samen invited tenders for building works to convert a London hotel back to its original status of family home.  Vitpol’s tender was successful and works were commenced in July 2006 before a contract had been agreed.  Contractual negotiations continued as the works progressed.  Disputes arose between the parties as to payment and defects claims. ...
  • 15th September 2008
    Treasure & Son Ltd v Dawes [2008] EWHC 2181 (TCC)