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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15th November 2002
Cowlin Construction Ltd v CFW Architects [2003] EWHC 60

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A party who accepts that an adjudicator has jurisdiction in relation to a dispute cannot go back on that in a subsequent adjudication. Challenges to jurisdiction should be made at the earliest opportunity. There was a contract evidenced in writing even though not all terms had been agreed and recorded in writing. HHJ Kirkham, Technology and Construction Court, Birmingham 15 November 2002 Cowlin were employed as a design and build contractor and CFW acted as its architect for a project to rebuild servicemen's housing for the MoD. CFW ceased work in August 2001 and wrote to Cowlin claiming payment of outstanding invoices for which no Withholding Notice had been served. In a pre-emptive strike, Cowlin submitted a Notice of Adjudication seeking a declaration...

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28th October 2002
Surplant Ltd v Ballast Plc (T/A Ballast Construction South West) [2002] EWHC TC33/02

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28th October 2002
Guardi Shoes Ltd v Datum Contracts [2002] 5816 OF 2002

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The contractor has a contractual right to be paid unless the employer has served the appropriate notice specifying his complaint (a notice to withhold payment). G had not taken the opportunity to serve such a notice. It could not say that the presentation of a petition in the circumstances of the case was an abuse. Ferris J, High Court of Justice Chancery Division 28 October 2002 G engaged D in relation to refurbishment and fitting out of a shop. The work was completed but some snagging items remained to be done, which D was happy to undertake at its own expense. G said that the defects were substantial and it had lost confidence in D, so would not let D do any further work. G informed D it would not be making further payments under the contract...

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25th October 2002
Bovis Lend Lease Ltd v Triangle Development Ltd [2002] EWHC 3123 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes For a withholding to be made against an Adjudicator's decision, an effective withholding notice must have been given, which was adjudicated upon, and the Adjudicator's decision, or another Adjudicator's decision, suggests the party can withhold. His Honour Judge Thornton QC, Technology and Construction Court 2 November 2002 The Claimant ('Bovis') agreed to refurbish and fit out three Victorian schoolhouses into 43 luxury flats for the Defendant ('Triangle'). The contract incorporated the JCT Standard Form of Management Contract, 1998 edition. The following order of events occurred: A dispute arose concerning two interim certificates which Bovis referred to adjudication; Bovis said it was terminating the contract because Triangle had engaged new...

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18th October 2002
Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd [2002] EWHC 2140 (TCC)

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14th October 2002
Debeck Ductworth v T&E Engineering Ltd [2002] BM250063

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If a claimant seeks to say that a contract is evidenced in writing pursuant to Section 107(4) of the 1996 Act, he will have to show that the writing evidences the whole of the agreement, not part of the agreement. RJT Consulting Engineers v DM Engineering Northern Ireland Limited followed Her Honour Judge Kirkham, Birmingham District Registry 14 October 2002 T&E entered into a contract to install air conditioning services for Eli Lilly Pharmaceuticals in Basingstoke. Debeck entered into an oral subcontract with T&E whereby Debeck agreed to undertake work of installation of ductwork for £27,000 plus VAT. The work was to be undertaken in two stages, a first fix and a second fix during March and April 2001. Debeck sought to recover the...

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15th August 2002
Hitec Power Protection BV v MCI Worldcom Ltd [2002] EWHC 1953

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudication can only occur if a "dispute" has arisen. If there is no dispute, any decision made by an adjudicator may be rendered unenforceable. Although it is not always easy to do, a critical matter to address before kicking-off an adjudication will be: is there a dispute? HHJ Seymour QC, Technology and Construction Court 15 August 2002 H entered into a purchase framework agreement with W and its "participating affiliates", under which W could order the design, supply and installation of certain switch gear from H. The framework agreement provided that if a purchase order was placed by W, or any of its "participating affiliates", the resultant contract would be on particular terms, including that the Scheme for Construction Contracts under...

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8th August 2002
Levolux A T Ltd v Ferson Contractors Ltd [2002] EWCA Civ 1382

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31st July 2002
Pring & St Hill Ltd v C J Hafner (t/a Southern Erectors) [2002] EWHC 1775 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator under the Scheme cannot run related disputes in parallel without the consent of the parties. An adjudicator who has acted in a previous adjudication involving one of the parties may be biased and act contrary to natural justice if there is a chance that he will apply knowledge from a previous adjudication to the dispute before him. HHJ Humphrey LLoyd QC, Technology and Construction Court 31 July 2002 P, a main contractor, brought an application for summary judgment to enforce the decision of an adjudicator in its favour against SE, its subcontractor. The adjudication was under the Scheme for Construction Contracts. P had brought the adjudication following an adjudicator's award against it brought by the employer. P was seeking by this...

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28th July 2002
Herschel Engineering Ltd v Breen Properties Ltd [2000] BLR 272

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where a court has ordered summary judgment enforcing an adjudicator’s decision, the defendant will not be able to obtain a stay of execution on the ground that the claimant does not and may not have the money to repay the sum awarded if repayment was subsequently ordered in the final determination of the dispute by a court or arbitrator, unless the claimant is insolvent or of doubtful insolvency, in which case a stay may be ordered. His Honour Judge LLoyd QC – Queen’s Bench Division, Technology and Construction CourtBackground The claimant obtained summary judgment enforcing a decision of an adjudicator. The defendant then applied for a stay of execution of that judgment on the ground that recent searches on the Companies...

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