- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
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 April 2004Conor Engineering Ltd v Constructions Industrielles de la Mèditerranèe (CNIM) [2004] EWHC 899This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The primary activity on site is a matter of fact in each case – here it was found to be the incineration of waste. Even if an adjudicator's decision prescribed a "final date for payment" of the sums awarded in that decision erroneously in fact or in law, the decision would not be invalid as a result. Where an adjudicator orders that payment be made within x days of his decision, the time for payment runs from the date the decision is said to be made and not the date it is received by the parties. Recorder David Blunt QC, London TCC 5 April 2004 Les Constructions Industrielles de la Mediterranee (CNIM) SA ("CNIM") was the main contractor employed by Hampshire Waste Services Ltd to design, build and deliver a plant for the incineration...
-
26th March 2004Daraydan Holdings Ltd v Solland International Ltd [2004] EWHC 622 (Ch)
-
19th March 2004Gleeson v Devonshire Green Holdings [2004] TCC01504This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The parties are obliged to ensure that the Adjudicator's award is given effect. Withholding notices need to be served prior to adjudication and to be considered and dealt with as part of the adjudication. It would defeat the purpose of adjudication if an adjudicator's decision could be defeated by a withholding notice in respect of events which occurred subsequent to the commencement of the adjudication. HHJ Gilliland QC, QBD (TCC) Salford District Registry 19 March 2004 DGH engaged MJG to do work under a JCT 1998 With Contractor's Design standard form (with amendments). A dispute arose as to MJG's entitlement to payment pursuant to interim application number 31 and was referred to adjudication. The payment mechanism is set...
-
12th March 2004Buxton Building Contractors Ltd v Governors of Durand Primary School [2004] EWHC 733This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Whilst an adjudicator is perfectly entitled to direct that given the nature and size of a dispute it is better dealt with by way of written submissions alone, he must himself ascertain the applicable facts and law. It is incumbent on him to identity fully all the issues that have arisen and to consider the submissions of both the disputing parties. A failure to do so may render his decision invalid both because he may fail to decide the dispute referred to him and because his decision may be intrinsically unfair. Judge Anthony Thornton QC, Technology and Construction Court 12 March 2004 A JCT contract was entered into whereby Durand Primary School (the "School") engaged the contractor Buxton Building Contractors Limited ("Buxton") to construct...
-
27th February 2004Specialist Ceiling Contractors v ZVI Construction [2004] 4T-0006 1 Leeds 00.03.2004This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator that receives "without prejudice" correspondence will still be able to proceed with the adjudication if it he acts in an objectively unbiased manner. Judge S P Grenfell, Technology and Construction Court 27 February 2004 Specialist Ceiling Services Northern ("SCSN") were engaged by ZVI Construction (UK) Limited ("ZVI") under a DOM/2 subcontract to carry out works at the Holiday Inn in Bradford. Disputes arose involving variations, extensions of time, delay, and loss and expense. During attempted negotiations to reach a resolution, ZVI made a without prejudice offer to settle the account. SCSN rejected this offer and commenced adjudication, claiming £400,000 from ZVI. In the referral notice SCSN referred...
-
27th February 2004Amec Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWHC 393 (TCC)
-
20th February 2004Bath & North East Somerset D.C. v Mowlem Plc [2004] EWCA Civ 115
-
20th February 2004Westminster Building Company Ltd. v Beckingham [2004] EWHC 138This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudication procedure was found to have been incorporated into a contract for refurbishment works despite the fact that the defendant had not signed the contract. The defendant was deemed to have accepted the contract by conduct since he had failed to object to the content of the contract and allowed the claimant to continue with the work. Judge Anthony Thornton QC, Technology and Construction Court 20 February 2004 The claimant tendered for extensive refurbishment works to a property owned by the defendant. The work was described in a specification and associated drawings prepared by a firm of chartered surveyors employed by the defendant. Part 1 of the specification, entitled "General Conditions of Contract", defined the parties to the contract...
-
23rd January 2004BAL (1996) Ltd. v Taylor Woodrow Construction Ltd [2004] HT 03 337This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes His Honour Judge Wilcox, Technology and Construction Court In determining whether the procedure adopted by an adjudicator is consistent with the principles of natural justice, a court can have regard to the acquiescence to the procedure of the parties by omission or conduct. However, in order to maintain confidence in the adjudication system, acquiescence will only be relevant to the issue of a breach of natural justice if it is "clear, informed and unambiguous." 23 January 2004 The claim arose out of a project for remedial works to Nationwide Anglia Property Services Limited, Corporate Headquarters. The claimant ("BAL") and the defendant ("Taylor Woodrow"), respectively sub-contractor and contractor, entered into a sub-contract...