- 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.
-
19th September 2001Durabella Ltd v Jarvis.J & Sons Ltd [2001] 1998 ORB 33 TCC
-
29th August 2001Britcon (Scunthorpe) v Lincolnfields [2001] HT 01/259This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes It was not for the Judge to decide whether the adjudicator was right as a matter of law or in evaluating the evidence submitted. His Honour Judge Thornton QC, Technology and Construction Court 29 August 2001 L engaged B to carry out infrastructure works. L failed to make the final payment and B issued notice of adjudication, seeking a decision as to whether payment should be made based on an interim valuation certificate. L argued that, pursuant to an oral collateral agreement made by the parties' representatives prior to the principal contract being made, the money was held in an Escrow Account and could not be released until certain works were substantially complete, and in any case, it had incurred direct losses which it was seeking to recover...
-
13th August 2001Parsons Plastics v Purac Ltd [2001]This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If the contract terms provide for it, a party may be entitled to set-off a counterclaim where a contract is not governed by HGCRA against an adjudicator's decision if that counterclaim has not been determined by the adjudicator. LJ Pill, LJ Mummery and LJ Latham, Court of Appeal, Civil Division 12th April 2002 Purac were the main contractors under a contract for the design and construction of a sewerage plant. Purac entered into a written sub-contract with Parsons for the supply of an odour control package at the works. Purac became dissatisfied with Parson's lack of progress and in an attempt to expedite matters made a payment direct to Parsons' steel supplier. Purac then declined Parsons' application for payment 3 under milestones of Schedule...
-
8th August 2001Stubbs Rich Architects v W H Tolley Ltd [2001] BP001105This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An Adjudicator's fees can only be challenged under the JCT Adjudication Agreement if the Adjudicator has acted in bad faith. The hours worked by the Adjudicator here were not excessive given that the Adjudicator acted as investigator and judge. Recorder Lane QC, Gloucester County Court 8 August 2001 This was an appeal by S, the Architect, from a first instance decision awarding WHT, a building contractor, the sum of £1,175 plus interest fees and costs. T entered into two separate JCT Agreements for Minor Works with Torridge District Council. Disputes arose between T and the Council on both Agreements. The disputes were referred to adjudication under the provisions of the JCT contracts and an Adjudicator was appointed from S. An Adjudicator's...
-
3rd August 2001Millers v Nobles Construction Ltd [2001] TCC 64/00This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A letter recording an oral agreement may be sufficient evidence of a contract for the purposes of s107 of the 1996 Act even if it has not been authorised by both parties. Deductions from monies otherwise payable under a construction contract – whether by way of set-off or abatement - are not permissible unless a s111 notice has been served. HHJ Gilliland, Salford County Court 3 August 2001 M applied for summary judgment on the grounds that N had no real prospect of successfully defending the claim. M claimed for payment for goods and joinery services supplied to N under 10 separate invoices. Each invoice stated that payment was due 30 days after the invoice was issued. M contended that the contract between the parties was a "construction...
-
30th July 2001Yarm Road Ltd v Costain Ltd [2001] HT01228 TCCThis summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A novation agreement made after the HGCR Act 1996 came into force which novates rights and obligations under a construction contract made before the HGCR Act 1996 came into force constitutes a construction contract within the meaning of section 104 HGCR Act and the parties to it are therefore entitled to refer a dispute to adjudication. However the Court's decision in this case is not to be taken as deciding that sections 109-113 of the Act have a retrospective effect HHJ Richard Havery QC, Technology and Construction Court 30 July 2001 The application before the court was for a declaration sought by Y that it was entitled to pursue two disputed monetary claims against C by way of adjudication as provided for by the HGCR Act 1996. The question...
-
27th July 2001David McLean Housing Contractors Ltd v Swansea Housing Association Ltd [2001] EWHC 830 (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 is a decision concerning the parties' rights and obligations under the contract and does not create a debt in its own right. As a consequence, it is possible to serve a valid withholding notice against an adjudicator's decision and to withhold sums from amounts awarded by the adjudicator. HHJ Lloyd QC, Technology and Construction Court 27 July 2001 D contracted with S to redevelop the former head post office in Swansea to provide housing. The contract was based on the standard form JCT 81 with Contractor's Design. Practical completion was achieved late in July 2000 and a payment application, no. 19 was made in autumn 2000, claiming money for direct loss and expense, money for the valuation of variations, measured work and...
-
24th July 2001Gibson Lea Retail Interiors Ltd v Makro Ltd [2001] BLR 407This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In this case, shop fitting works were not "construction operations" under HGCRA 1996 since the fittings supplied were not "fixtures". HHJ Seymour QC, Technology and Construction Court 24 July 2001 M employed G to undertake the supply and installation of shop fittings in four stores. The work for each store had a separate contract and in each case was formed by M's acceptance by an order of a quotation submitted by G. The items supplied and installed were fixed to ensure they would be stable; however the moveable nature of the equipment supplied by G was emphasised. G rendered various invoices to M in respect of the works which were not paid by M. G sought a declaration by way of summary judgment that the works forming the subject of contracts between...
-
18th July 2001Green (Barrie) v GW IBS Ltd & G&M Floorlayers Ltd [2001] LE014261 Leicester CC
-
26th June 2001Bickerton Construction Ltd v Temple Windows Ltd [2001] BM 1500 27This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The scope of the adjudicator's jurisdiction stems from the Notice of Adjudication, and determination of the final account had been expressly excluded from it. He had no jurisdiction to determine the gross valuation figure from which to deduct payments already made and sums which B was entitled to withhold. Her Honour Judge Frances Kirkham, Technology & Construction Court, Birmingham County Court 26 June 2001 B engaged T to carry out work under a construction contract based on the DOM/2 form. B determined the contract due to concerns regarding progress and lack of quality of materials and workmanship, and engaged others to complete the work and remedy defects in T's work. B gave notice of adjudication on the basis that disputes had arisen between...