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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.
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23rd January 2004Highland Council, Re Petition for Suspension of a Charge [2004] ScotCS 16
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24th December 2003Diamond (Gillies Ramsay) v PJW Enterprises Judicial [2003] ScotCS 354This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator is not a statutory decision maker and adjudication is not truly an aspect of public law. Although created and made compulsory by statute, adjudication is a contractual dispute resolution process. An intra vires error of law made by an adjudicator is therefore not open to judicial review. Court of Session (Scotland). Lord Gill, Lord Macfadyen and Lord Caplan 24 December 2003 A recent challenge to the adjudication process in Scotland has ended in failure. In this case the appeal court in Scotland upheld the decision of Lady Paton at first instance, which was noted in Adjudication Watch on 27th June 2002. The appeal court was asked to decide a further point, not raised at first instance, namely whether an...
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17th December 2003Costain Limited v Strathclyde Builders Limited [2003] ScotCS 316This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator's failure to disclose the substance of legal advice given to him and to give the parties an opportunity to comment thereon amounted to a breach of the principles of natural justice. In such circumstances it does not matter that the adjudicator has treated both parties equally. It is sufficient to prevent enforcement of the decision by the Courts that the mere possibility of injustice is shown rather than actual injustice. Court of Session (Scotland). Lord Drummond-Young 17 December 2003 In this Scottish decision the question of natural justice in the context of adjudication proceedings has again come under the spotlight. Costain took Strathclyde Builders to adjudication and sought, amongst other things, an order...
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15th December 2003Prentice Island Ltd v Castle Contracting Ltd [2003] A550/01This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator's entitlement to his fee under the Scheme for Construction Contracts is not dependant on the validity or otherwise of his decision. So long as an adjudicator is validly appointed and remains in post in good faith, he will be entitled to his fee even if it subsequently turns out, on examination by the Court, that he should have resigned. Sheriff Court, Scotland – Sheriff Principal Dunlop QC 15 December 2003 A dispute regarding the final account between Prentice and Castle was taken to adjudication under the (Scottish) Scheme for Construction Contracts. Castle maintained, both during the adjudication and in the subsequent Court proceedings, that the dispute was the same or substantially the same as a dispute which had...
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1st August 2003Highland Council v Construction Centre Group Ltd [2003] Scott CS 221This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes On the facts of this case, one party could not deduct the amount awarded to it by an adjudicator from the amounts that it owed the other party as awarded by a previous adjudicator that had been upheld by the Court. Lord Carloway, Outer House, Court of Session 1 August 2003 HC engaged CCG to design, construct and maintain works. The Contract incorporated conditions based on the ICE Conditions of Contract, 5th ed., 1973 (Jan. 1979 revision), with amendments. An Adjudicator awarded CCG £245k, which HC was decreed to pay at first instance. HC referred a claim for liquidated damages ('LDs') to a second Adjudicator. That Adjudicator decided that HC was entitled to LDs of £638k. Also, 'for reasons not immediately...
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20th May 2003City Inn v. Shepherd Construction Ltd [2003] ScotCS 146This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes
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11th April 2003Deko Scotland v Edinburgh Royal Joint Venture & Anor [2003] ScotCS 113This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In adjudication there is an implied power to have any award of costs or expenses taxed by the Auditor of Court. Before the award of expenses could be enforced the successful party's account must be agreed or remitted to the Court for taxation. Lord Drummond Young of the Outer House, Court of Session 11 April 2003 The Defendants (the JV) were the participants in a joint venture set up to design and construct the new Edinburgh Royal Infirmary and Medical School. Deko was a sub-contractor. The sub-contract contained provisions for adjudication in terms of the HGCRA 1996 with the procedure governed by the ORSA Adjudication Rules – 1998 Version 1.2, subject to a large number of amendments. The issue here was in relation...
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11th April 2003Construction Centre Group Ltd v Highland Council [2003] ScotCS 114This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Contractual termination provisions that suspend payment obligations will be construed so that they are consistent with the purpose of the HGCR Act 1996. Also, a claim that might have been relied upon before an Adjudicator, but was not, cannot subsequently be set off against that Adjudicator's decision. Extra Division, Inner House, Court of Session 11 April 2003 HC engaged CCG to design, construct and maintain works. The Contract incorporated conditions based on the ICE Conditions of Contract, 5th ed., 1973 (Jan. 1979 revision), with amendments. A dispute was referred to adjudication. The Adjudicator awarded CCG £245k, to be paid within 7 days. HC did not pay and CCG sued. At first instance, HC claimed,...
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7th April 2003Hills Electrical & Mechanical Plc v Dawn Construction Ltd [2003] ScotCS 107This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Where the parties do not make adequate provision as to payment, the Scheme for Construction Contracts will fill in the gaps. If some points have been agreed, these will not be replaced by the Scheme. The Scheme's payment provisions will not sweep away what the parties have agreed as to payment. Lord Clarke, Outer House, Court of Session 7 April 2003 H entered into a sub-contract with D, the main contractor. D's employer had gone into administration on 10 October 2000. H commenced this action to recover sums due with interest from 5 October 2000. H claimed that the sub-contract failed to provide dates on which H should make applications for payment and also contained a pay when certified provision relating to the main contract. H said...
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20th March 2003St. Andrews Bay Development Ltd v HBG Management Ltd [2003] ScotCS 103This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Adjudicators' decisions can be enforced even though given late. Lord Wheatley, Outer House of the Scottish Court of Session 20 March 2003 HBG commenced an adjudication against its employer, St Andrews, under the JCT standard form, with Contractor's Design, Scottish edition. On 5 March 2003 (when the adjudicator's decision was due), HBG telephoned the adjudicator at 5pm to ask about her decision. HBG were told that the adjudicator had reached a decision but did not intend to release it until her fee had been paid (even though an invoice had not yet been sent). The adjudicator then faxed an invoice for her fee to the parties. On 6 March 2003 HBG said they would pay the fee. On 7 March 2003 the adjudicator released her...