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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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29th July 1999John Cothliff Ltd v Allen Build Ltd [1999] CILL 1530This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Scheme does give power to an adjudicator to award costs, analogous to his case management powers of the Scheme, alternatively as an implied term necessary to give business efficacy to the Scheme HHJ Marshall Evans QC, Liverpool County Court 29 July 1999 J entered into a building contract with A. As the contract contained no express provision for adjudication, the Scheme applied. Upon a dispute arising, the adjudicator appointed made an award in J's favour. J also asked the adjudicator to determine payment of their costs of the adjudication, and the adjudicator awarded J 70% of its costs. A refused to comply with this part of the decision, and J issued an application for summary judgment. A argued that the Scheme did not give the adjudicator...
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16th July 1999Project Consultancy Group v Trustees of The Gray Trust [1999] HT/99/29This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where there is a triable issue as to whether the adjudicator had power to make a decision, the court will not give summary judgment. A jurisdictional challenge should be raised at the outset, but a defendant may still take part in the process provided it is clear that this is without prejudice to this challenge. Dyson J, Technology & Construction Court 16 July 1999 P's claim for fees arose out of works performed for T for conversion of a property into a nursing home. It was not in dispute that if there was a contract, it was a construction contract within the meaning of Section 104 of HGCRA. T argued that if there was a contract, it was concluded prior to 1 May 1998 and therefore no right to adjudicate could be implied. Alternatively, T argued...
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23rd June 1999A&D Maintenance and Construction Ltd v Pagehurst Construction Services Ltd [1999] 64 Con LRThis summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The right to adjudicate survives determination of the underlying contract. A challenge to jurisdiction should be raised at the outset.HHJ Wilcox QC, Technology & Construction Court23 June 1999A was a sub-contractor to P, the main contractor, undertaking plumbing work at a school. No formal agreement was signed. A balance of A's invoices were not paid. P's contract was terminated, and it therefore terminated A's sub-contract on the basis of poor progress and defective work. Shortly afterwards, a fire broke out at the school, and the loss adjusters decided that this was due to defective installation of a boiler.A issued a notice of adjudication claiming payment of its outstanding invoices. P asked the adjudicator to suspend proceedings, on the basis...
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7th April 1999Straume Ltd v Bradlor Dev. Ltd [1999] CILL 1520This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Adjudication is a "quasi legal proceeding" under the Insolvency Act 1986. HHJ Behrens QC, Chancery Division, Leeds District Registry 7 April 1999 A and B entered into a JCT. '80 contract in June 1998, incorporating amendment 18. On 3 March 1998, an administration order was made against B. The administrators believed that substantial sums were due under the contract, and served notices of adjudication. A served its own notices of adjudication against B, for just over the sum claimed by B. The question arose as to whether A required the leave of the court to bring the adjudication proceedings against B pursuant to Section 11 (3) of the Insolvency Act 1986: "During the period for which an Administration Order is in force, no other proceedings...
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15th March 1999Outwing Construction Ltd v H. Randell & Son Ltd [1999] BLR 156This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The court will abridge time for summary judgment under Part 24 CPR, provided the defendant is not prejudiced. HHJ Humphrey LLoyd QC, Technology & Construction Court 15 March 1999 O was a sub-contractor to H under a contract incorporating DOM/1. O claimed that the balance of its final account had not been paid; H said the work had not been done properly. O gave a notice of adjudication, and the adjudication took place under the Scheme for Construction Contracts as the contractual provisions did not fully comply with Section 108 of HGCRA. The adjudicator awarded O £16,096.98 and ordered that his decision be complied with peremptorily. H did not pay, and O threatened summary judgment. H responded with a notice of arbitration. O issued a...
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12th February 1999Macob Civil Eng. Ltd v Morrison Construction Ltd [1999] EWHC Technology 254This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The correct approach to enforce an adjudicator's decision is a claim form and summary judgment. A defendant cannot elect to serve notice of arbitration to dispute the decision and at the same time argue that it is not an enforceable decision.Dyson J, Technology & Construction Court12 February 1999The first case in which the court considered the adjudication provisions of HGCRA. Macob entered into a sub-contract with Morrison to carry out groundworks. Macob alleged that Morrison failed to pay an interim application, and served a notice of adjudication. The contract did not comply with all the requirements of Section 108, and therefore the Scheme applied. The adjudicator found in favour of Macob, and ordered that his decision be complied with peremptorily....
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1st January 1970Linnett v Nicholson Case No. 9QT67607Claim by the adjudicator in the County Court for unpaid fees, allocated to the Small Claims Track. Defendant entered on the adjudication on a without prejudice basis on the basis that she never accepted adjudication as the dispute resolution procedure. CC judge following Linnett -v Halliwell was bound to conlcude that the defendant could not escape liability on the jurisdictional point. Defence that adjudicator had completely failed to deal with or even refer to her counterclaim failed, Defendant argued that the adjudicator could have sought payment of the full amount from the other party. Judge stated that the adjudicator had a wide ranging discretion as the parties were jointly and severally liable. Defendant also placed reliance on the fact that the other party in the adjudication failed to obtain summary judgment for monies due. That application was unsuccesful as an application...