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.

  • 15th August 2008
    VGC Construction Ltd v Jackson Civil Engineering Ltd [2008] EWHC 2082 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Provided it is sufficiently clear when it is disputed, it may not be necessary to provide a full explanation of a sum claimed in an application for payment. Subsequent details of the claim can be introduced during the course of an adjudication in response to a criticism that the claim is unparticularised without creating a new dispute. Clear words and dealings must be adopted if a right to challenge jurisdiction is to be reserved. Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction Court Background Jackson Civil Engineering Limited (“Jackson”) employed VGC Construction Limited (“VGC”) to carry out construction work on the M3 motorway. Completion of the work was delayed.VGC issued an application...
  • 15th August 2008
    CJP Builders Ltd v William Verry Ltd [2008] EWHC 2025 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes When an adjudicator makes an error in his decision it is usually enforced by the courts irrespective of the error.  However, where that error leads to a breach of the rules of natural justice by that adjudicator it may be challenged. Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction Court Background The parties entered into a sub-contract, under which the claimants were to carry out brickwork, blockwork and stonework as part of a construction project.  The defendants failed to pay an interim payment application by the claimants and the claimants duly started adjudication proceedings.  The defendant did not serve a Response to the claimant’s Referral Notice within the requisite time stated in...
  • 25th July 2008
    Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Unilateral contact with an adjudicator before his appointment may not give rise to actual or apparent bias.  However, care should be taken in any contact with adjudicators and parties should avoid circumstances which might lead to the challenge of an adjudicator’s decision on those grounds.  This case issues guidance for contact between parties and those resolving disputes between them. Mr Justice Akenhead  – Queen’s Bench Division, Technology and Construction Court Background The parties entered into a written contract for works.  The contract between the parties set out adjudication provisions including a provision stating that the adjudicator of any dispute would be appointed by RIBA.  A dispute arose...
  • 19th May 2008
    Owen Pell Limited v Bindi (London) Limited [2008] EWHC 1420 (TCC)
  • 9th May 2008
    Cubitt Building & Interiors Ltd v Richardson Roofing (Industrial) Ltd [2008] EWHC 1020 (TCC)
    Provisions seeking to make adjudication the first point of call for parties seeking to resolve a dispute should have clear wording to that effect.  It is clear from this case that care should be taken when drafting dispute resolution clauses, particularly where different methods of dispute resolution are being offered. Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction Court Background The claimant engaged the defendant as roofing sub-contractors at a building site.  The claimant claimed, after completion of the works, that the defendant was guilty of culpable delay which gave rise to the defendant seeking an extension of time.  A question of whether certain terms and conditions were incorporated into the sub-contract was referred to adjudication, but was then aborted.  A second adjudication was started by the defendant addressing...
  • 29th April 2008
    Avoncroft Construction Ltd v Sharba Homes (CN) Ltd [2008] EWHC 933 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator makes a decision against a party to whom liquidated damages are due, there may not be a right to set-off open to that party.  For there to be a right to set-off the parties should raise that issue as part of the adjudication to avoid it falling outside the adjudicator’s jurisdiction. Her Honour Judge Kirkham  – Queen’s Bench Division, Technology and Construction Court Background The claimant and defendant were parties to a building contract (which was terminated on 14 September 2007), in relation to which a dispute arose.  This dispute was referred to adjudication.  The adjudicator decided that money was owing to the claimant.  The claimant sought to enforce the decision and also applied...
  • 21st April 2008
    T & T Fabrications Ltd v Hubbard Architectural Metal Work Ltd [2008] EWHC B7 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes On the facts of this case, it was unclear on the evidence before the Court as to whether all the terms of the contract were in writing for the purposes of  section 107 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”) and hence whether the adjudicator had jurisdiction.  It followed that the adjudicator’s decision would not be summarily enforced. Technology and Construction Court, HHJ Wilcox Background T&T Fabrications (“T&T”), a small family firm, entered into a contract with Hubbard Architectural Metal Work Limited (“Hubbard”) relating to the receipt and installation of a number of atrium bridges, staircases and other metalwork.  Hubbard disputed three invoices...
  • 17th April 2008
    Taylor Woodrow v RMD Kwickform [2008] EWHC 825
  • 14th April 2008
    BSF Consulting Engineers Ltd v MacDonald Crosbie [2008] All ER (D) 171 (Apr)
  • 2nd April 2008
    Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd [2008] EWCA Civ 286