The claimant said that the defendant had encouraged a team of its workers to break their contracts and to leave to work with the defendants. Judges: MacKay J Citations: [2009] EWHC 3448 (QB), [2010] IRLR 600 Links: Bailii Citing: Cited – Nottingham Building Society v Eurodynamics Systems plc 1993 The court laid down tests for … Continue reading AON Ltd v JCT Reinsurance Brokers Ltd and Others: QBD 7 Oct 2009
Citations: [2000] UKEAT 1342 – 99 – 0102 Links: Bailii Jurisdiction: England and Wales Employment Updated: 13 July 2022; Ref: scu.264796
1. Procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force. 2. The statement of reasons required by Article 190 of the Treaty must disclose clearly and unequivocally the … Continue reading CT Control (Rotterdam) and JCT Benelux v Commission: ECJ 6 Jul 1993
JCT terms not intended to protect sub-contractor against insolvency of the main contractor allowing claim against main employer. Citations: Gazette 23-Jul-1997, [1997] EWCA Civ 2062 Jurisdiction: England and Wales Construction, Arbitration Updated: 26 November 2022; Ref: scu.79488
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no valid engineer’s decision within the time limit provided. Held: The court must avoid … Continue reading Amec Civil Engineering Ltd v Secretary of State for Transport: CA 17 Mar 2005
The court provided an interpretation of the requirement on a contractor to attend ‘regularly’ and ‘diligently’ at a construction project. Citations: Ind Summary 19-Dec-1994, Times 16-Nov-1994 Statutes: JCT 25(1)(b) Jurisdiction: England and Wales Construction Updated: 27 October 2022; Ref: scu.90390
Extension of Time for Parental Order The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the applicants) had separated for a short time. Held: The … Continue reading In re X (A Child) (Surrogacy: Time Limit): FD 3 Oct 2014
Neighbouring plots included covenants to use and not to use the land as cinemas. A proposed development would have used the land which had to be so used as an access for the new cinema proposed. The claimant sought to rely upon the Act to enforce a restrictive covenant. Held: There was nothing in the … Continue reading GLN (Copenhagen) Southern Ltd v Tunbridge Wells Borough Council: CA 27 Aug 2004
JCT 24.2.1 requires an employer to notify a contractor before deducting liquidated damages. Citations: Independent 11-Jun-1993 Jurisdiction: England and Wales Contract Updated: 21 August 2022; Ref: scu.82523
The court considered how to construe a clause in a contract which excluded a remedy provided by law. Lord Diplock said: ‘It is, of course, open to parties to a contract . . to exclude by express agreement a remedy for its breach which would otherwise arise by operation of law . . But in … Continue reading Modern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd: HL 1974
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building occupied by the defendant, and did pay such rent. The building was destroyed by … Continue reading Mark Rowlands v Berni Inns Ltd: CA 1985
Whilst a substantial new building was being constructed, it was damaged by fire caused by the negligence of several contractors. The case concerned apportionment of liability. Held: The appeal failed. The parties could by agreement vary the normal rules which would apportion damages. Here one party had been required to assume responsibility for fire damage, … Continue reading Co-Operative Retail Services Limited and others v Taylor Young Partnership and others: HL 25 Apr 2002
The contractual ability given to an arbitrator under standard JCT terms did not oust the court from assessing and prejudging the acts of the architect under a building contract. As to the means for interpreting documents, Lord Hoffmann said: ‘I think, my Lords, that the argument from redundancy is seldom an entirely secure one. The … Continue reading Beaufort Developments (NI) Limited v Gilbert-Ash NI Limited and Others: HL 26 Feb 1998
A sub-contractor was liable for a negligent fire despite the owner’s fire insurance. The contractor was not employer liable for a sub-contractors negligence under the JCT. Citations: Independent 31-Aug-1994, Times 11-Aug-1994 Jurisdiction: England and Wales Contract, Construction Updated: 31 July 2022; Ref: scu.84200
CS Appeal on a question of law from an award of an arbitrator in a dispute arising out of a JCT form of contract. The appeal concerned these questions: whether an Architect’s Instruction issued under the contract had contractual effect; the meaning of the phrase ‘all costs in connection with this variation to be agreed … Continue reading Hallamshire Construction Plc v South Holland District Council: TCC 16 Jan 2004
The employer received a notice of non-completion from his architect, and in turn served a notice on the contractor under section 111, and deducted damages for non-completion from the next payment. The contractor said this was not allowed because the architect had in the meantime granted an extension. Held: The contract should be construed in … Continue reading Reinwood Ltd v L Brown and Sons Ltd: HL 20 Feb 2008
A construction company had become insolvent and unable to complete a development. The architects denied that the liquidator had the right to include in the sale of the site any right to use the drawings it had prepared under the standard JCT contract. Judges: Lewison J Citations: [2007] EWHC 2696 (Ch) Links: Bailii Jurisdiction: England … Continue reading Thurgood v Coyle: ChD 5 Jul 2007
The appellant sought an interim payment for works of construction undertaken for the respondents under a JCT contract. The respondents contended that, having terminated the contract on their receivership, the contract and Act meant that the interim payment was no longer payable. Held: (Neuberger and Mance dissenting) The appeal was allowed. Lord Hoffmann: Parliament had … Continue reading Melville Dundas Ltd and others v George Wimpey UK Ltd and others: HL 25 Apr 2007
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005
The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued. Held: The judge should have concluded that the effect of the contract … Continue reading Scottish and Newcastle plc v GD Construction (St Albans) Ltd: CA 22 Jan 2003
The claimant appealed a refusal of summary judgement, in a claim to enforce an arbitration award. Where an award was challenged, enforcement should still be allowed to continue unless the challenge went as to the jurisdiction of the reference. Errors of procedure, fact or law are not sufficient to prevent enforcement of an adjudicator’s decision … Continue reading C and B Scene Concept Design Ltd v Isobars Ltd: CA 31 Jan 2002
In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was … Continue reading Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001
Subject Matter JCT With Contractor’s Design Standard Form of Building Contract. Partial Possession, practical completion, use and occupation. LADs, penalty. Compromise. Adjudication Matter. Jurisdiction of the Court to entertain claims not previously referred to adjudication. Decision 1. No part of the Works had been taken into possession prior to the October 1999 Agreement. 2. The … Continue reading Impresa Castelli Spa v Cola Holdings Ltd: TCC 2 May 2002
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price. Held: The appeal was dismissed. The right of set-off had effectively been excluded. ‘The meaning … Continue reading BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc: CA 29 Apr 1999
a short and not unimportant issue of construction in relation to conditions precedent in the standard JCT contracts. The contract in this case incorporated the JCT Trade Contract terms (TC/C) 2002 edition with Amendment No 1:2003 Judges: Mr Justice Akenhead Citations: [2010] EWHC 1460 (TCC), 131 Con LR 63 Links: Bailii Jurisdiction: England and Wales … Continue reading WW Gear Construction Ltd v Mcgee Group Ltd: TCC 21 Jun 2010
The liquidation of a company is treated as the equivalent as bankruptcy to prevent the hardship of a debtor who is also a creditor being forced to pay in full, when he will come in only as a creditor for a dividend for his debt as a result of ranking pari passu with the ordinary … Continue reading Highland Engineering Ltd v Thomson: 1972
The court acknowledged the practice in construction contracts making an express link between the liability imposed on the contractor, the specific aspect of such liability which iwas excluded and the existence of insurance (intended to benefit both contractor and employer) in respect of that excluded liability. Citations: [1986] 1 WLR 995, [1986] 2 All ER … Continue reading Scottish Special Housing Association v Wimpey Construction UK Ltd: HL 1986
When the decision of an adjudicator was challenged, the court should ask whether the adjudicator had either asked the right question but in the wrong way, or whether he had even answered the wrong question. The procedure was intended to provide a quick and summary disposal, but that procedure might not be appropriate in cases … Continue reading Bouygues (Uk) Ltd v Dahl-Jensen (Uk) Ltd (In Liquidation): CA 17 Aug 2000
Judges: Judge Stannard Citations: [1990] CLJ 319 Jurisdiction: England and Wales Cited by: Cited – Pearce and High Ltd v Baxter and Another CA 24-Mar-1999 The clause in JCT specifying procedures for claiming against contractors did not oust the employers’ common law rights. An employer failing to give notice under the defects liability clause in … Continue reading William Tompkinson and Sons Ltd v St Michaels Parochial Church Council: 1990
An architect who had to decide whether to grant an extension of time under clause 25 of the JCT conditions would not have acted fairly and lawfully and his decision would be fundamentally flawed if he had not carried out a logical analysis in a methodical way of the impact of the relevant events on … Continue reading John Barker Construction Ltd v London Portman Hotel Ltd: 1996
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the better the chances of avoiding injustice. The court might still grant an injunction where the … Continue reading Nottingham Building Society v Eurodynamics Systems plc: 1993
The clause in JCT specifying procedures for claiming against contractors did not oust the employers’ common law rights. An employer failing to give notice under the defects liability clause in time, could still sue under common law for the defect. Citations: Times 24-Mar-1999, [1999] 66 Con LR 110 Jurisdiction: England and Wales Citing: Cited – … Continue reading Pearce and High Ltd v Baxter and Another: CA 24 Mar 1999
A requirement on a contractor to insure does not remove that contractor’s own duty of care. Citations: Times 10-Apr-1997 Statutes: JCT Jurisdiction: England and Wales Construction Updated: 28 April 2022; Ref: scu.78232
Construction of JCT contract – can not extend time for arbitration reference. Citations: Ind Summary 05-Sep-1994 Jurisdiction: England and Wales Contract, Construction Updated: 08 April 2022; Ref: scu.79688
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
Challenge to final certficate issued under JCT contract. Coulson J [2015] EWHC 70 (TCC) Bailii Construction Updated: 27 December 2021; Ref: scu.542239
The 2006 Act provided that the judge in the Crown Court ‘must inform the person at the time he is convicted’ that his name would be included on the statutory barring lists. The judge had failed to do so. The claimant objjcted to the inclusion of his name. Held: Explaining why Parliament cannot fairly have … Continue reading Khakh v Independent Safeguarding Authority: CA 6 Nov 2013
Identifying ‘maandatory’ and ‘regulatory’ The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused. Held: The House considered the consequences of a failure to comply with a procedural requirement, … Continue reading London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards. Held: The provisions had been intended and had achieved a prompt and binding settlement of the figures. The developer had misconstrued a provision designed to provide only for minor … Continue reading Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another: TCC 10 Oct 2008
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index