- 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.
-
3rd March 2003Vaughan Eng. Ltd v Hinkins & Frewin Ltd [2003] ScotCS 56 CA 202/02This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In Scotland, when seeking to defend an action for the enforcement of an adjudicator's decision, the Defendant simply needed to plead in defence that the adjudicator's decision was invalid. Lord Clarke (Outer House) Court of Session 3 March 2003 This was an action for summary judgment for enforcement of an adjudicator's decision dated 22 October 2002. The parties had entered into a DOM/1 Contract 1980 Edition with Amendments, under which VE agreed to execute certain mechanical works in connection with the modernisation of research laboratories for the University of Reading. As the contract did not contain adjudication provisions, the Scheme for Construction Contracts applied. An adjudication had taken place and VE sought to enforce the Adjudicator's...
-
10th January 2003Hart Builders (Edinburg) Ltd v St. Andrews Ltd [2003] ScotSC 14 A69/02This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court dismissed a claim in respect of an interim payment. The claim was on the basis that no withholding notice had been served. If there was a dispute about whether or not sums were due, in reliance on SL Timber, no withholding notice was required. Sheriff Principal Iain Macphaill QC, Appeal 10 January 2003 This was an appeal from an interlocutory judgment given by Sheriff Poole in August 2002. Hart Builders had been engaged by St Andrew to undertake works at a new development, the Caledonian Village, near Haymarket Station in Edinburgh. A dispute arose when St Andrews failed to pay Hart pursuant to an interim certificate. No withholding notice had been served. Hart issued proceedings for payment on the basis that no valid withholding...
-
17th December 2002A v B [2002] CA 110/02This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication A decision of an Adjudicator is binding until superseded by litigation or arbitration. The defending party could not rely on rights of set off in the enforcement proceedings (for liquidated damages) as it had not raised these during the adjudication Lord Drummond Young, Outer House Court of Session 17 December 2002 The Defendant B were main contractors undertaking a design and build project. A were sub-contractors engaged to carry out the design and installation of roofing and wall cladding. A and B had concluded a sub-contract based on the SBCC Scottish Building Contract With Contractor's Design (September 1995 revision) as amended by a standard form of sub-contract provided by B. During the course of the sub-contract disputes arose and were referred by A to Adjudication...
-
17th December 2002Ballast Plc v Burrell Ltd [2002] : P336/01This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator should consider the claims put forward in the notice of referral and decide whether they are validly asserted under the contract. If he declines to address this, he will not exercise his jurisdiction to determine the dispute. Lord President, Lord Johnston, Lord Weir, Extra Division, Inner House, Court of Session (Scotland) 17 December 2002 This was an appeal from the first instance decision reported at page 72 of Adjudication Watch. At first instance, the Court had decided that the adjudicator's decision, under the Scottish Scheme for Construction Contracts, was a nullity since the adjudicator had not addressed the question put to him. The adjudicator had considered that he could only consider the terms of the contract entered into...
-
28th November 2002Skanska Construction v ERDC Group [2002] Ct of Session P1193/02This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The dispute referred in the second adjudication was not the same or substantially the same as that referred in the first adjudication. The fundamental nature and parameters of the dispute were different. Lady Paton, Outer House Court of Session. 28 November 2002 S applied to the Court for an interim interdict and interim suspension in order to halt construction contract adjudication between S and ERDC. S and ERDC had entered into a SBCC Domestic Sub-Contract Conditions DOM/C/SCOT (1997 Edition - August 1998 Revision) for landscaping works. Two adjudications arose during the course of the execution of the sub-contract works. The first related to an application by ERDC for interim payment, where ERDC believed it was owed sums in satisfaction of a claim...
-
23rd August 2002Construction Centre Group Ltd v Highland Council CA127/02Here Lord Macfadyen had to consider a dispute arising in relation to the Small Isles and Inverie Ferry scheme. The defenders resisted payment of an adjudicator's decision in the sum of ?250k. By clause 66 of the contract, the parties had to give "effect forthwith to every decision of ... the Adjudicator on a dispute given under this clause" unless that decision was revised by agreement or the dispute had been referred to arbitration and an arbitral award had been made. The Highland Council argued that the effect of awarding summary judgment would be to give a final judgment in place of an interim decision. Lord Macfadyen disagreed, saying that not to allow enforcement would obstruct the purpose of section 108 of the HGCRA. One of the points of adjudication was to obtain payment on a provisional basis. CCGL were not asking the Court to endorse the soundness of the adjudicator's decision but...
-
20th August 2002Hart Builders (Edinburg) Ltd v St.Andrews Ltd [2002] A69/02 Edinburgh
-
2nd August 2002Edinburg Royal Joint Venture (Petition of) [2002] No: HT-02-121 Outer Ct of SessionThis summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The paying party's attempt to delay enforcement of the adjudicator's decision could not succeed when the terms of the contract were read as a whole. The receiving party's failure to pay liquidated damages due to the paying party did not prevent them relying on the contract to obtain enforcement. TG Coutts QC, Outer House, Court of Session (Scotland) 2 August 2002 An adjudication had taken place between E and Broderick Structures, E's sub-contractor. The adjudicator had awarded B an extension of time of 46 weeks (not the full period it had sought) and loss and expense of £556,000. E tried to prevent that decision being enforced by B. The Contract incorporated an adaptation of the ORSA (Official Referees Solicitors Association) Adjudication...
-
27th June 2002Diamond (Gillies Ramsay) v PJW Enterprises [2002] Scotcs 340Lady Paton, in Scotland, had to consider an adjudication concerning a professional negligence claim. PJW employed Diamond as contract administrators on a refurbishment contract in Glasgow. During the course of the works a dispute arose which resulted in the termination of Diamond's appointment. PJW employed others in Diamond's place, brought a claim for professional negligence against Diamond and then referred that claim to adjudication. The adjudicator found against Diamond who resisted paying, claiming that the adjudicator did not have the power to award damages and that an appointment as a contract administrator was not a construction contract as defined by the HGCRA. Lady Paton held that Diamond's contract administration services qualified as surveying work thereby falling within the HGCRA. By agreeing to carry out contract administration services, Diamond had entered into an agreement...