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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14th April 2000
Nordot Eng. Services Ltd v Siemens plc [2000] TCC SF 00901 TCC 16/00

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Parties can agree to abide by the decision of an adjudicator even if it is uncertain whether the contract in question is governed by HGCRA 1996 and the court will give effect to such an agreement. HHJ Gilliland QC, Technology and Construction Court 14 April 2000 N carried out works for S involving the provision of a gas turbine generating plant with exhaust gases used to provide steam generation in addition. The dispute between the parties was whether N was entitled to payment for various items of plant and equipment which it supplied and particularly whether there had been an agreement as to a particular set of rates or not. N referred the dispute to adjudication; S objected, contending the contract was not a "construction contract" within the meaning...

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12th April 2000
Tim Butler Contractors Ltd v Merewood Homes Ltd [2000] TCC 10/00

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The question of whether a term or programme forms part of the contract is a dispute under the contract, and an adjudicator has jurisdiction to decide it. His decision will be binding upon the parties. Mr Justice Gilliland, Manchester District Registry 12 April 2000 M placed an order with T for construction work. Correspondence between M and T indicated that the total cost would be £26,118, "payment interim valuations pre-agreed 90% material on site 28 day payments", with 5% retention. T also sent M a programme showing work commencing on 27 July and ending week commencing 16 August. The first interim application was paid, but M refused to pay subsequent applications. No notices to withhold payment were served. M claimed that the contract period...

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11th April 2000
Bridgeway Construction Ltd v Tolent Construction Ltd [2000] LVO 99069, TC 14100

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court may enforce provisions in a contract ordering the party referring a dispute to adjudication to bear all costs and expenses relating to it. Such a provision does not breach the provisions of the HGCRA 1996. Judge Mackay, Liverpool District Registry 11 April 2000 B was a groundworks sub-contractor engaged by T for works at a factory in Oldham. The sub-contract incorporated the adjudication procedure of the Construction Industry Council. However, T had amended this to state that the party seeking adjudication would be responsible for all costs and expenses related to the adjudication, whether or not it was successful. B commenced an adjudication claiming that T owed it unpaid sums. The adjudicator awarded B a final account sum, less...

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5th April 2000
Bloor Construction (UK) Ltd v Bowmer & Kirkland (London) Ltd [2000] EWHC 183 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A term is to be implied into construction contracts that the adjudicator can correct accidental omissions or errors where such a correction would give effect to his first intentions. The Court cannot correct such error if the adjudicator refuses to do so. HHJ Toulmin, CMG QC - Technology and Construction Court 5 April 2000 BC was a sub-contractor to BK under a contract dated 18 November 1998, which included an adjudication clause. The main contract was in the JCT. 80 standard form incorporating the April 1998 amendments containing an adjudication clause. BC gave notice of its intention to refer a dispute to adjudication on 5 January 2000. The adjudicator was appointed and due to give his decision by 9 February 2000. He asked for a 14 day extension...

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24th February 2000
Grovedeck Ltd v Capital Demolition Ltd [2000] EWHC Technology 139

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If there is no agreement in writing between the parties, an adjudicator will lack jurisdiction. An exchange of submissions under S. 107(5) can only constitute an agreement in writing and confer jurisdiction if it predates the notice of referral to adjudication. HHJ Bowsher QC, Technology & Construction Court 24 February 2000 G was a demolition sub-contractor undertaking work for C at two sites under oral agreements. C claimed it had not been paid sums due to it and suspended work. It gave notice to refer disputes under both oral agreements to adjudication. C argued that the adjudicator had no jurisdiction because the contracts were not in writing as required by Section 107 of the Act. The adjudicator found that he could not investigate the question...

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22nd February 2000
Nolan Davis Ltd v Steven P Catton (No1) [2000] EWHC 590

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If parties agree to give the adjudicator the power to decide questions of jurisdiction, they will be bound by such election. In some circumstances, a director of a company may be personally liable where the company is not identified as the employer. HHJ Wilcox QC, Technology & Construction Court 22 February 2000 C was the managing director of a company known as Hazel Green Village Management Ltd. The company was based at a holiday village known as Hazel Green Village, and there were another 10 companies at the resort with similar names. C entered into a contract with N to demolish some units and carry out new build work. The contract was the Small Works Form published by the Architects and Surveyors' Institute. The employer was described in...

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18th February 2000
Atlas Ceiling v Crowngate [2000] CILL 1639

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court may conduct a trial on the issue of jurisdiction in place of a summary judgment application if it wishes to do so. The parties will not be held to have entered into a contract, even if one is signed, where important terms are not agreed and subsequent actions are inconsistent with the existence of an agreed contract. If a contract is entered into after 1 May 1998, even if it has retrospective effect, a right to adjudicate is implied. HHJ Thornton QC, Technology & Construction Court 18 February 2000 The question in this case was whether the contract had come into existence prior to 1 May 1998. The adjudicator believed that the Act did apply, and A tried to enforce the award. The Judge took an interesting approach to the question of...

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16th February 2000
Workplace Technologies v E Squared Ltd & Mr J L Riches [2000] CILL 1607

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The court commented that an injunction may not be available to prevent a party continuing with a void adjudication as there was no legal or equitable right to protect; also the balance of convenience may not favour the grant of an injunction. HHJ Wilcox QC, Technology & Construction Court 16 February 2000 E was engaged by W as a sub-contractor for work at the Bluewater shopping centre. The dispute centred on the value of an interim payment. E had submitted an interim application, and W had not served a notice specifying the sum due. E argued that the result of this was the amount of the application was the sum due. E served a notice of adjudication, but W argued that the contract did not contain the right to adjudicate because the contract came...

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1st February 2000
Absolute Rentals v Gencor [2000] HT99-169

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Defendant's application for a stay to arbitration in defence of proceedings to enforce the adjudicator's award was refused on the grounds that there was no defence to the claim. An application to stay the judgment due to questions over of the Claimant's financial means was also refused HHJ Wilcox QC, Technology & Construction Court 28 February 2000 The parties entered into a building contract pursuant to the JCT Agreement for Minor Works 1980 edition. This contained no adjudication clause, so the Scheme applied. The contract did contain an arbitration clause. A applied to enforce the adjudicator's peremptory decision ordering payment of around £17,500 to it. G believed that it was entitled to apply for a stay to arbitration under section...

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28th January 2000
Samuel Thomas Construction v J & B Developments

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If works combine work relating to a dwelling with other works, the works may not "principally" relate to a dwelling, and be caught by the Act. A residential occupier does not have to be in occupation at the time of the contract, nor does the building have to be a dwelling at that time. HHJ Overend, Exeter District Registry 28 January 2000 J&B, a partnership formed by a husband and wife, purchased four barns in Devon. It intended to convert two of them, one for itself, and the other for sale. It engaged S to carry out building works. Disputes arose as S said that he had not been fully paid, and J&B claimed S was in delay. S terminated the contract, and asked for an adjudicator to be appointed. J&B said that the contract was one with...

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