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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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20th October 2003Hughes (JW) Building Contractors v GB Metalwork [2003] EWHC 2421This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where a party had failed to raise the issue of non-receipt of certain documents in the adjudication, when invited to do so, it could not claim the adjudicator had infringed the rules of natural justice by failing to give that party the opportunity to consider and respond to documents. It is commonplace that certain documents come to light at a late stage in litigation and other dispute resolution procedures and are dealt with without any delay or adjournment proceedings. The Honourable Mr Justice Forbes, Technology and Construction Court The case arose out of a subcontract for the fabrication and erection of steelwork between the respondents, JW Hughes Building Contractors Ltd ('JWH') and the applicants, GB Metalwork Limited...
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29th September 2003M L Europe Property Ltd v Hurst Stores and Interiors Ltd [2003] EWCA Civ 1420
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19th September 2003Amec Capital Project Ltd v Whitefriars City Estate Ltd [2003] EWHC 2443
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10th September 2003Van Oord ACZ Ltd v Port of Mostyn Ltd [2003] BM350030 TCC
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4th July 2003Abbey Developments Ltd v PP Brickwork Ltd [2003] EWHC 1987 (TCC)
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1st July 2003Lovell Projects Limited v Legg and Carver [2003]BLR 452This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes For the terms of an adjudication clause to be unfair under the Unfair Terms in Consumer Contracts Regulations 1999, the clause must cause a significant imbalance of the parties' rights and obligations to the detriment of the consumer, contrary to the requirement of good faith. HHJ Mosley QC, Technology & Construction Court July 2003 This case concerned an application for summary judgment to enforce an adjudication award. L&C were residential occupiers for the purposes of the HGCRA 1996 ("the Act") with the consequence that the Act was inapplicable to the contract. However, the Standard Form of JCT Minor Building Works contract (with amendments 1 to 11) entered into by the parties incorporated provisions for adjudication similar to...
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25th June 2003Hurst Stores Ltd v M.L.Europe Property Ltd [2003] EWHC 1650HT 02 322This was one of those rare cases where the matter proceeded to court following an adjudication and where the Court overturned the adjudicator's findings. There was a dispute over the Hurst accounts. The Adjudicator had held that the Hurst account was of a binding nature and that no further claims could be made for events which occurred up to the date of the account. This effectively barred Hurst's final account in the sum of some ?2.5m. Hurst said that the documents should not be binding for two reasons. First, the project manager did not have authority to enter into such an agreement and second, the document was entered into on the basis of a unilateral mistake on the part of the project manager and the documents should be rectified so as to remove reference to full and final settlement of claims. Mr Recorder Reese QC agreed and so ML could not be allowed to place reliance on the documents...
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20th June 2003Barnes & Elliot Ltd v Taylor Woodrow Holdings Ltd [2003] EWHC 3100 TCCThis 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 timescale agreed between the parties this will not itself mean that the decision is not binding upon the parties. The court will consider the case on its facts and if the decision is only a day or so late decide that this delay is excusable as being within the tolerance and commercial practice that one has to afford to the legislation and to the contract. Judge Humphrey Lloyd QC, Technology and Construction Court 20 June 2003 The parties entered into a contract involving design, refurbishment and conversion work at a former psychiatric hospital near Epsom. The contract was subject to the conditions of the JCT 98 standard form with Contractor's Design. A dispute arose between the parties...
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16th June 2003RSL (South West) Ltd v Stansell Ltd [2003] EWHC 1390 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Judge held that the parties to an adjudication should be given the chance to comment on any material used by the Adjudicator in reaching his decision. If an extension was necessary for this to happen, the Adjudicator should have explained this to the parties. A party to a dispute resolution procedure has a legitimate expectation that he will be afforded opportunities promised to him to present his case. HHJ Seymour QC, Technology and Construction Court 16 June 2003 RSL engaged S to do construction work. The contract incorporated the provisions of the Standard Form of Domestic Sub-Contract DOM/2 1981 Edition with amendments. S accepted responsibility for delay to the commencement of its works on site and to subsequent...