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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4th July 2007
DGT Steel & Cladding Ltd v Cubbitt Building & Interiors Ltd [2007] EWHC 1584 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The court has decided that it has an inherent jurisdiction to stay proceedings issued in breach of a binding agreement to refer disputes to adjudication, so that a defending party could insist on its right to have the dispute referred to adjudication. The persuasive burden was on the party seeking to resist the stay to show good reason why the agreement to adjudicate should not be enforced. His Honour Judge Coulson QC – Queen’s Bench Division, Technology and Construction CourtBackground Cubitt, the contractor, engaged DGT, the sub-contractor, to carry out external cladding works. The sub-contract contained an adjudication clause that provided that “Any dispute, question or difference arising under or in connection...

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29th June 2007
Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd [2007] All ER (D) 86 (Jul)

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21st June 2007
Reinwood Ltd v L Brown & Sons Ltd [2007] EWCA Civ 601

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31st May 2007
A.R.T. Consultancy Ltd v Navera Trading Ltd [2007] EWHC 1375

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where only one of two distinct elements of works is detailed in a written contract, an adjudicator will only have jurisdiction to address issues relating to the element of work that is detailed in the written contract. Technology and Construction Court, Judge Peter Coulson QC Background Navera Trading Limited (“Navera”) appointed A.R.T. Consulting Limited (“ART”) to carry out design and construction work in respect of a site on Kilburn High Road, London. ART made claims for payments which were not met and commenced adjudication. The adjudicator decided that the design works were carried by ART under a separate agreement the terms of which were not all in writing and that therefore he had no jurisdiction to deal...

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31st May 2007
AC Yule & Son Ltd v Speedwell Roofing & Cladding Ltd [2007] EWHC 1360

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If an adjudicator receives new information shortly before his deadline for reaching a decision, which makes it necessary for him to seek a short extension of time from the parties, the parties are under an obligation to reply plainly and promptly to that request. Failure to reply may be taken to mean consent to the request. This is particularly so where the party in question continues to participate in the adjudication.HH Judge Coulson QC – Queen’s Bench Division, Technology and Construction CourtBackground Yule commenced adjudication proceedings against Speedwell. At an early stage, the adjudicator requested and Yule granted a 14-day extension expiring on 3 April 2007. Shortly before expiry of the extended period,...

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23rd May 2007
Mott MacDonald Ltd v London & Regional Properties Ltd [2007] EWHC 1055 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator’s decision on a dispute arising from a letter of intent was unenforceable because the letter of intent did not constitute a contract in writing/evidenced in writing for the purposes of s.107(2) of the HGCRA. The adjudicator’s decision was also procedurally flawed because he withheld delivery of the decision for 6 calendar days pending receipt of his fees.HH Judge Thornton QC – Queen’s Bench Division, Technology and Construction CourtBackground Mott MacDonald (“MM”) was approached by LRP to provide consultancy services in relation to a business park development. MM was initially instructed under a letter of intent pending final agreement between the parties. The letter of intent was...

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17th May 2007
Mast Electrical Services v Kendall Cross Holdings Ltd [2007] EWHC 1296 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Mast Electrical Services (as trading division of John W & S Dorin Limited) v Kendall Cross Holdings Limited [2007] EWHC 1296 (TCC) Judgment Date: 17.05.2007 Where documents fail to set out, record or evidence all the material terms of a contract, they will not amount to a construction contract in writing for the purposes of s.107 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”). Technology and Construction Court, Mr Justice Jackson Background The defendant contractor (“Kendall”) was invited to tender by Your Homes Newcastle Limited (“YHN”) for the refurbishment of local authority homes. Kendall sent out tender documents for electrical works to prospective sub-contractors. ...

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14th May 2007
Bothma (t/a DAB Builders) v Mayhaven Healthcare Ltd [2007] EWCA Civ 527

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court of Appeal recently refused permission to appeal against a judgment that rendered an adjudicator’s decision invalid because he lacked jurisdiction. Briefly:The Contractor had, in its adjudication notice, sought to refer four disputes in the same reference. The Scheme for Construction Contracts applied and (like many other rules) only allows one dispute to be referred at a time, unless the parties agree otherwise.The Court held that the disputes were independent and unrelated. Without the Employer’s consent, the adjudicator had no jurisdiction to determine more than one dispute.While the Employer did not consent, it did not expressly complain either. Instead it generally reserved its right to take any further points as to the adjudicator’s...

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4th May 2007
Domsalla (t/a Domsalla Building Services) v Dyason [2007] EWHC 1174 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The withholding provisions in the JCT Minor Works (1998 Ed.) were held to be unfair towards a residential occupier (i.e. a consumer) and in breach of EU consumer laws. In addition, HHJ Thornton QC thought that the court had the power to intervene and overturn an adjudicator’s decision if the adjudicator got the facts or law wrong, provided the adjudicator’s jurisdiction arose under a contract to which the HGCRA did not apply. HH Judge Thornton QC - Queen's Bench Division, Technology and Construction Court BackgroundMr Dyason’s home was destroyed by fire. His insurers accepted liability under the insurance policy and appointed a contract administrator and loss adjustor to manage the reinstatement of the house. ...

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27th April 2007
Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd [2007] EWCA Civ 443

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