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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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16th January 2004IDE Contracting Ltd v RG Carter Cambridge Ltd [2004] EWHC 36This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes When referring a dispute to adjudication pursuant to Paragraph 2 of the Scheme the notice of adjudication has to come before the referring party can request the person named in the contract to act as adjudicator, unless he has already indicated to the parties that he is unwilling or unable to do so. If the named adjudicator indicates that he is unable to act then provided the indication is made to all parties, the referring party can proceed under Paragraph 6(1)(b) to request the nominating body to select a person to act as adjudicator. It was unnecessary for the defendant to show actual prejudice. Technology & Construction Court. HHJ Havery QC16 January 2004 A dispute arose between the parties in relation to certain construction works...
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15th December 2003London & Amsterdam Properties Ltd v Waterman [2003] EWHC 3059This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An hourly rate is a sensible and reasonable yardstick for determining an adjudicator's fees. If a dispute has crystallised on liability but details of quantum have not been provided then it can still be said that a dispute embracing both quantum and liability has arisen. "Ambush" by way of the submission of late evidence may result in a breach of natural justice if the other party is not given an opportunity to comment on it. An adjudicator should not proceed with a referral at all costs - if natural justice cannot be achieved then the adjudicator should abandon the referral. Waterman was engaged by LAP under a Deed of Appointment (the "Contract") as the structural and civil engineering consultants for the construction of a...
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1st December 2003Galliford Try Construction Ltd v Michael Heal Associates Ltd [2003] EWHC 2886This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The decision of an adjudicator, which is based on the conclusion that there was a contract between the parties, will not be enforceable if subsequent legal proceedings determine that this conclusion was wrong. Judge Richard Seymour QC, Technology and Construction Court 1 December 2003 MH was engaged as structural engineer to provide various pre-tender services in connection with a project to convert a hotel into residential apartments. G successfully tendered as design and build contractor for the project. After completing the services required under the pre-tender appointment, MH was well placed to secure an appointment to provide post-tender structural engineering services. MH provided some further engineering services while negotiations...
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21st November 2003Pegram Shopfitters v Tally Weijl [2003] EWCA Civ 1750This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where parties have agreed to enter into a construction contract, but there is disagreement as to the terms of the adjudication procedure under the construction contract, it is open to a party who reserves its position to defend enforcement proceedings of the adjudicator's decision on the basis that the adjudication proceeded under the wrong rules. Court of Appeal. May and Hale LJJ, Hooper J 21 November 2003 In this case the Court of Appeal reversed the decision of HHJ Thornton QC in Pegram Shopfitters Ltd v Tally Weijl (UK) Ltd [2003] BLR 296. The first instance decision is noted elsewhere in Adjudication Watch. To recap on the relevant facts: A shop refurbishment project was commenced without a contract having been signed. After...
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12th November 2003Rupert Morgan B.S.Ltd v David & Harriett Jervis [2003] EWCA Civ 1563This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where, in a written construction contract, there is a 'system of certificates' and the paying party fails to give an effective withholding notice in respect of a certified sum, that sum is payable in full. Over-certification can and should be corrected in the next certificate. Overpayments might be recovered in court or arbitration proceedings. Court of Appeal 12 November 2003 The Claimants ('the Builders') were engaged by the Defendants ('the Clients') to carry out work on their cottage. The Clients appointed an Architect. There was a written contract incorporating standard terms provided by the Architecture and Surveying Institute ('the Contract'), which was treated as a construction contract under the HGCR Act 1996. The...
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29th October 2003Simons Construction Ltd v Aardvark Developments Ltd [2003] EWHC 2474 (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 fails to issue his decision within the appropriate time then this will not of itself mean that the decision is not binding upon the parties. Time may be of the essence for issuing his decision, but the parties have the ability to terminate the adjudicator's appointment if the time for issue of the decision expires without it being given and, if they do not, then they are likely to be bound by the adjudicator's late decision. TCC, Judge Richard Seymour QC29 October 2003 The parties were involved in a redevelopment project in Ely under a JCT Standard Form of Building Contract, with Contractor's Design 1981 Edition (incorporating the JCT adjudication amendments). A dispute arose between the parties and was...
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28th October 2003Dean & Dyball v Kenneth Grubb Associates [2003] EWHC 2465This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If a respondent denies it is liable to pay the claimant anything, then changes to quantum in the Notice from the quantum previously claimed will not of themselves mean that no dispute has crystallized at the time of the Notice. If an adjudicator follows an agreed procedure it will be difficult to show he has acted unfairly; conversely, if he has not followed the agreed procedure it may be relatively easy to show he has acted unfairly. HHJ Seymour QC, Technology and Construction Court 28 October 2003 D&D, a contractor, engaged an engineer, KGA, to design a tidal lock gate ('the Gate') to a marina. D&D said that the Gate was defective and claimed against KGA. D&D referred its claim to adjudication. The adjudicator...
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21st October 2003Thomas-Fredric's (Construction) Ltd v Wilson [2003] EWCA Civ 1494This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The question considered by the Court of Appeal was whether the parties in an adjudication were bound by the adjudicator's decision on the issue of whether he had jurisdiction to determine the dispute, one of the parties having claimed that the wrong party had been named as respondent in the adjudication. The Court of Appeal held that the parties would be bound if they had agreed to the adjudicator deciding the point, or if, in the absence of such agreement, the adjudicator's decision in that regard was plainly right. Simon Brown, Judge and Jonathan Parker LLJ,Court of Appeal21 October 2003 Thomas Fredric's entered into a building contract with Wilson for works which were then carried out and for which they received payment from Wilson. ...