- 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
Scotland Cases
This page shows all the Scottish 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.
-
15th December 2005Melville Dundas Ltd v George Wimpey UK Ltd [2005] ScotCS CSIH_88
-
24th March 2005Ritchie Brothers Ltd v David Philp Ltd [2005] ScotCS CSIH_32lThis summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The 28-day time limit set out in the statutory adjudication scheme is mandatory. If the adjudicator needs to apply for an extension of time, he must do so before expiry of that deadline, otherwise his decision and any purported extension will not be valid.Lord Justice Clerk, Lord Abernethy and Lord Nimmo Smith – Inner House, Court of SessionBackground A dispute was sent to the adjudicator on 18 September 2003 under the (Scottish) statutory adjudication scheme. According to the Outer House of the Court of Session, the 28-day period in which the adjudicator was due to reach his decision started running on the date that the notice was sent, therefore the deadline for reaching a decision was 16 October. (NB – the English courts have...
-
23rd March 2005Scrabster Harbour Trust v Mowlem plc T/A Mowlem Marine [2005] CSOH 44
-
22nd October 2004Melville Dundas v Wimpey [2004] Outer Court of Session 22nd October
-
26th August 2004CPL Contracting Limited v Cadenza Residential Limited [2005] EWHC (TCC)
-
29th July 2004Scottish Coal Company Ltd, Re Petition for Suspension and Interdict [2004] ScotCS 186
-
14th April 2004Ritchie Brothers (PWC) Ltd v David Philp (Commercials) Ltd [2004] ScotCS 94This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The issue of whether a party can retrospectively give consent to extension of the 28 day period for adjudications was considered. The Court effectively decided that retrospective consent was permitted provided neither party has dismissed the original adjudicator and appointed a new one. Consequently, where an Adjudicator's decision is issued late, it is still binding on the parties. The case also casts doubt on a previous ruling that an Adjudicator's decision is not "made" until it is actually issued to the parties. Lord Eassie, Court of Session, Scotland 14 April 2004 The key facts were as follows:- An undated Referral Notice was issued under cover of a letter dated 18 September 2003 and posted to the Adjudicator on that date by Special...
-
26th February 2004Branlow Ltd v Dem-Master Demolition Ltd [2004] A904/03 Lothian
-
28th January 2004Citex Professional Services Ltd v Kenmore Dev. Ltd [2004] A1195/02