Category: Construction

Fairway Lakes Ltd v Revenue and Customs: FTTTx 9 Nov 2015

Vat – Supply : Single or Multiple – VAT – Development of a ‘holiday village’ – Whether a single supply of zero rated construction services or taxable composite supply of construction services and procuring transfer of leasehold interest in completed lodge – Appeal dismissed

[2015] UKFTT 605 (TC)
Bailii
England and Wales

VAT, Construction

Updated: 07 January 2022; Ref: scu.556405

Severfield (UK) Ltd v Duro Felguera UK Ltd: TCC 24 Nov 2015

The court considered the potential difficulty of payment provisions under a contract concerned with both construction operations and operations which are excluded by the 1996 Act (sometimes referred to as a hybrid contract), and the particular consequences for such a contract of the notice provisions in sections 110, 110A, 110B and 111 of the Act, and the recent line of authority spelling out the consequences for an employer of failing to serve the notices required by those provisions.

Couson J
[2015] EWHC 3352 (TCC)
Bailii
Housing Grants (Construction and Regeneration) Act 1996
England and Wales

Contract, Construction

Updated: 07 January 2022; Ref: scu.556347

Harding (T/A M J Harding Contractors) v Paice and Another: CA 1 Dec 2015

‘appeal by a building contractor against a judgment of the Technology and Construction Court (‘TCC’) refusing to grant either an injunction or a declaration to prevent an adjudication going forward. The central issue in this appeal is whether an earlier adjudication on related matters shuts out the new adjudication.’

Jackson. Rafferty, Gloster lJJ
[2015] EWCA Civ 1231
Bailii
England and Wales

Arbitration, Construction

Updated: 07 January 2022; Ref: scu.556234

Fernando v Bilton: CA 8 Oct 2015

Renewed application for permission to appeal from a decision dismissing a claim by the applicant for damages resulting from the claimant’s exposure to noise, brought on grounds of negligence, nuisance and breach of statutory duty.

Sir David Keene
[2015] EWCA Civ 1098
Bailii
England and Wales

Nuisance, Negligence, Construction, Personal Injury

Updated: 07 January 2022; Ref: scu.556229

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 2): TCC 31 Jan 2007

[2007] EWHC 145 (TCC)
Bailii
England and Wales
Citing:
See Also – Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd TCC 31-Aug-2005
A third party television company sought access to the particulars of claim and other pleadings.
Held: HH Judge Wilcox said: ‘There can be no legitimate distinction drawn between decisions made in interlocutory proceedings and those at final . .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd TCC 5-Jun-2006
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another CA 20-Dec-2006
. .

Cited by:
See Also – Multiplex Construction (Uk) Ltd v Honeywell Control Systems Ltd TCC 8-Feb-2007
Application for permission to appeal. Jackson J considered whether permission to appeal should have been requested at the hearing: ‘It seems to me that I have got to interpret the provisions of Rule 52.3 and the provisions of the Practice Direction . .
See Also – Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No. 2) TCC 6-Mar-2007
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No 3) TCC 12-Mar-2007
. .
See Also – Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd CA 27-Apr-2007
The court construed an agreement supplemental to a construction contract. . .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another CA 21-Dec-2007
. .
See Also – Multiplex Construction Ltd v Cleveland Bridge Ltd and Another CA 6-Feb-2008
. .
See Also – Multiplex Construction (Uk) Ltd v Cleveland Bridge UK Ltd and Another TCC 7-Feb-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another TCC 19-Mar-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another (No 7) TCC 29-Sep-2008
Last stage of the Wembley stadium construction dispute. Jackson J, interpreting Carver said that it set out: ‘how the court ought to approach the matter in circumstances where: (a) one party has made an offer which was nearly but not quite . .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another TCC 29-Sep-2008
. .
See Also – Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd CA 19-Feb-2010
. .
See Also – Cleveland Bridge Uk Ltd and Another v Multiplex Constructions (UK) Ltd CA 31-Mar-2010
. .

Lists of cited by and citing cases may be incomplete.

Construction

Updated: 07 January 2022; Ref: scu.248957

Farquharson v Revenue and Customs (Value Added Tax – DIY House Builders Scheme): FTTTx 28 Jun 2019

VALUE ADDED TAX – DIY House Builders Scheme – construction of a dwelling and a garage – claim of input VAT refund under s 35 VATA – occupation for over 8 years before sale – Certificate of Completion applied for in order to sell the home property – whether the claim time-barred – determination of ‘completion’ for the purposes of reg 201 of the 1995 Regulations – appeal allowed

[2019] SFTD 1171
Bailii
England and Wales

VAT, Construction

Updated: 07 January 2022; Ref: scu.641241

Witney Bowls Club v Revenue and Customs (Vat – Zero-Rating : Building Work): FTTTx 27 Aug 2015

FTTTx VAT – zero-rating – construction services – item 2 Group 5 Schedule 8 VATA 1994 – whether supply for relevant charitable purpose- whether supply to registered community amateur sports club made to a charity- appeal dismissed

[2015] UKFTT 421 (TC)
Bailii
England and Wales

VAT, Construction

Updated: 03 January 2022; Ref: scu.552004

Howells and Another v Revenue and Customs: FTTTx 10 Aug 2015

FTTTx Value Added Tax : Diy Builders Scheme – VALUE ADDED TAX D DIY Builders scheme D s 35 VATA 1994 D claim withdrawn because HMRC evidence requirements could not be met D Penalty under Schedule 24 Finance Act 2007 D whether inaccuracy in document caused by failure to take reasonable care D No, because no inaccuracy D if inaccuracy, no failure to take reasonable case – appeal upheld.

[2015] UKFTT 412 (TC)
Bailii
England and Wales

VAT, Construction

Updated: 03 January 2022; Ref: scu.551540

Caithness Rugby Football Club v Revenue and Customs (VAT – Zero-Rating : Building Work): FTTTx 6 Aug 2015

FTTTx VAT – zero-rating – construction by a football club of a clubhouse on a sportsground – whether intended for use ‘as a village hall or similarly in providing social or recreational facilities for a local community’ – VATA Sch 8, Group 5, item 2 and note 6(b) – Appeal allowed

[2015] UKFTT 378 (TC)
Bailii
England and Wales

VAT, Construction

Updated: 03 January 2022; Ref: scu.551529

NH International (Caribbean) Ltd v National Insurance Property Development Company Ltd: PC 6 Aug 2015

Trinidad and Tobago – the parties disputed points arising from an arbitration as to the interpretation of the FIDIC General Conditions of Contract for Construction, First Edition 1999.

Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Reed
[2015] UKPC 37
Bailii
Commonwealth

Arbitration, Construction, Contract

Updated: 03 January 2022; Ref: scu.551032

Parkinson v Revenue and Customs: FTTTx 14 Jul 2015

FTTTx Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry – INCOME TAX – construction industry scheme – late filing of returns – penalties – proportionality of penalties – Commissioners for HM Revenue and Customs v Bosher applied – calculation of penalty – reasonable excuse – appeal allowed in part

[2015] UKFTT 342 (TC)
Bailii
England and Wales

Income Tax, Construction

Updated: 02 January 2022; Ref: scu.550568

Barett v Revenue and Customs: FTTTx 7 Jul 2015

FTTTX Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry – INCOME TAX – construction industry scheme (CIS) – contractor failing to deduct tax on payments to sub-contractor – Income Tax (Construction Industry Scheme) Regulations 2005, regs 9 and 13 – TMA 1970, s 50(6) – penalties for failure to make CIS returns – TMA, s 98A, s 100, s 102 – extent of tribunal’s jurisdiction – whether taxpayer had reasonable excuse in respect of failure to make returns – s 118(2) – reliance on accountant

[2015] UKFTT 329 (TC)
Bailii
England and Wales

Income Tax, Construction

Updated: 02 January 2022; Ref: scu.550291

Gotch and Another v Enelco Ltd: TCC 3 Jul 2015

Claim brought under Part 8 of the CPR for a declaration that the building contract that the Claimants entered into with the Defendant does not entitle the Defendant to refer a dispute to adjudication.

Edwards-Stuart J
[2015] EWHC 1802 (TCC), [2015] TCLR 8, [2015] 4 Costs LR 669
Bailii
England and Wales

Construction, Arbitration, Costs

Updated: 02 January 2022; Ref: scu.550211

Woods Building Services v Milton Keynes Council: TCC 14 Jul 2015

Procurement dispute arising out of a tender process undertaken by the defendant (‘the Council’) for the award of a framework agreement for asbestos removal.

Coulson J
[2015] EWHC 2011 (TCC)
Bailii
England and Wales
Cited by:
Proncipal Judgment – Woods Building Services v Milton Keynes Council (Damages) TCC 14-Jul-2015
. .

Lists of cited by and citing cases may be incomplete.

Construction

Updated: 02 January 2022; Ref: scu.550213

P and O Developments Ltd, the Guy’s and St Thomas’ National Health Service Trust v The Guy’s and St Thomas’ National Health Service Trust, P and O Developments Ltd, Austen Associates (A Firm), Austen Associates Ltd: TCC 15 Oct 1998

a trial of Preliminary Issues.

His Honour Judge Bowsher QC
[1998] EWHC Technology 295, [1999] BLR 3, 62 Con LR 38
Bailii
England and Wales

Litigation Practice, Construction

Updated: 02 January 2022; Ref: scu.201760

Obrascon Huarte Lain Sa v HM Attorney General for Gibraltar: CA 9 Jul 2015

Appeal by a Spanish civil engineering contractor, which was engaged upon constructing a road around Gibraltar Airport, against a decision of Mr Justice Akenhead (‘the judge’) that the employer effectively terminated the contract under clause 15 of the FIDIC Yellow Book Conditions.

[2015] EWCA Civ 712
Bailii
England and Wales

Construction

Updated: 01 January 2022; Ref: scu.549774

Iliffe and Another v Feltham Construction Ltd and Others: CA 9 Jul 2015

Appeal by the main contractor against a summary judgment on liability in favour of the building owners, in the context of multi-party litigation concerning fire damage. The issue in this appeal is whether, despite the building owners’ good prospects of success, the requirements for summary judgment set out in the Civil Procedure Rules (‘CPR’) are satisfied.

Jackson, Tomlinson, Floyd LJJ
[2015] EWCA Civ 715
Bailii
England and Wales

Construction

Updated: 01 January 2022; Ref: scu.549769

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in its favour.
Held: The appeal failed. A party which had failed in a construction contract arbitration would be entitled to recover sums paid by it if and when the fundamental dispute was in the end decided in its favour. The associated cause of action for the recovery of that sum arose on the date of the first payment.

Lord Mance, Lord Wilson, Lord Sumption, Lord Reed, Lord Toulson
[2015] UKSC 38, [2015] 4 All ER 482, [2015] WLR(D) 261, 160 Con LR 28, [2015] BLR 503, [2015] 1 WLR 2961, [2015] 2 All ER (Comm) 965, [2015] Bus LR 830, UKSC 2014/0021
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video
Housing Grants, Construction and Regeneration Act 1996, Scheme for Construction Contracts (England and Wales) Regulations 1998
England and Wales
Citing:
Cited – Davies v Taylor HL 1974
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to . .
Cited – Jim Ennis Construction Ltd v Premier Asphalt Ltd TCC 24-Jul-2009
The court was asked as to the date of accrual of the cause of action where a losing party to an adjudication brought under Part II of the 1996 Act later begins proceedings to seek a final determination of the matters decided by the adjudicator with . .
At First Instance – Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc TCC 23-May-2013
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. . .
Appeal from – Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc CA 29-Nov-2013
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
Cited – Guaranty Trust Co of New York v Hannay and Co CA 1915
A claimant does not need to have a subsisting cause of action against a defendant before the court will grant a claimant a declaration. The court considered the ambiguity in the meaning of the word ‘jurisdiction’: ‘The first and, in my opinion, the . .
Cited – Woolf v Collis Removal Service CA 1947
Claims in tort with a nexus to the contract can be within phrases such as ‘in connection with’ in the context of arbitration clauses . .
Cited – Astro Vencedor Compania Naviera SA v Mabanaft GmbH CA 1971
For an arbitration clause in a contract between parties to be used to enforce arbitration of a tortious claim, the tortious claim must arise out of the contractual matters. In this case damages were sought for the wrongful arrest of a ship in . .
Cited – Empresa Exportadora de Azucar v Industria Azucarera Nacional S.A, The Playa Larga CA 1983
There had been a theft by Cuban sellers of one cargo of sugar, property in which had already passed to the buyers, and non-delivery of a second combined with trickery whereby the intended buyers were nonetheless induced to pay its price. The first . .
Cited – Fillite (Runcorn) Ltd v Aqua-Lift CA 1989
The court considered whether claims arising from misrepresentation or breach of a collateral contrat were claims arising ‘under’ the contract so as to be governed by the disputes provisions in it.
Held: The disputes did not arise ‘under the . .
Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council; Kleinwort Benson Ltd v Sandwell Borough Council ChD 23-Feb-1993
A bank, having made payment under an void interest rate swap agreement to a local authority, was entitled to recover the payments made under the equitable doctrine of restitution. It would be wrong to allow the local authorities to enjoy an unjust . .
Cited – P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’) QBD 22-Jun-2005
The claimants sought to amend their particulars of claim to add a request for declarations with regard to a bill of lading and contract for carriage.
Held: The application to amend was made more than six years after the cause of action . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – Walker Construction (UK) Ltd v Quayside Homes Ltd and Another CA 7-Feb-2014
. .
Cited – Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov HL 17-Oct-2007
The owners of a ship sought to rescind charters saying that they had been procured by bribery.
Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer . .
Cited – Sempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
Cited – Chimimport Plc v G d’Alesio SAS 1994
The phrase ‘arising under’ in a clause referring matters to arbitration is narrower than ‘arising out of’ and the court doubted whether a tortious claim could easily give rise to a dispute ‘under the contract’. . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc CA 29-Nov-2013
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .

Lists of cited by and citing cases may be incomplete.

Arbitration, Construction

Updated: 01 January 2022; Ref: scu.549063

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No 3): TCC 12 Mar 2007

Jackson J
[2007] EWHC 659 (TCC), (2007) 23 Const LJ 299
Bailii
England and Wales
Citing:
See Also – Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd TCC 31-Aug-2005
A third party television company sought access to the particulars of claim and other pleadings.
Held: HH Judge Wilcox said: ‘There can be no legitimate distinction drawn between decisions made in interlocutory proceedings and those at final . .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd TCC 5-Jun-2006
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another CA 20-Dec-2006
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 2) TCC 31-Jan-2007
. .
See Also – Multiplex Construction (Uk) Ltd v Honeywell Control Systems Ltd TCC 8-Feb-2007
Application for permission to appeal. Jackson J considered whether permission to appeal should have been requested at the hearing: ‘It seems to me that I have got to interpret the provisions of Rule 52.3 and the provisions of the Practice Direction . .
See Also – Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No. 2) TCC 6-Mar-2007
. .

Cited by:
See Also – Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd CA 27-Apr-2007
The court construed an agreement supplemental to a construction contract. . .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another CA 21-Dec-2007
. .
See Also – Multiplex Construction Ltd v Cleveland Bridge Ltd and Another CA 6-Feb-2008
. .
See Also – Multiplex Construction (Uk) Ltd v Cleveland Bridge UK Ltd and Another TCC 7-Feb-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another TCC 19-Mar-2008
. .
See Also – Multiplex Construction (Uk) Ltd v Cleveland Bridge UK Ltd and Another TCC 7-Feb-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another TCC 29-Sep-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another (No 7) TCC 29-Sep-2008
Last stage of the Wembley stadium construction dispute. Jackson J, interpreting Carver said that it set out: ‘how the court ought to approach the matter in circumstances where: (a) one party has made an offer which was nearly but not quite . .
See Also – Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd CA 19-Feb-2010
. .
See Also – Cleveland Bridge Uk Ltd and Another v Multiplex Constructions (UK) Ltd CA 31-Mar-2010
. .

Lists of cited by and citing cases may be incomplete.

Construction

Updated: 01 January 2022; Ref: scu.250712

Elmpine Developments Ltd v Revenue and Customs (Construction Industry Scheme): FTTTx 2 Sep 2020

Construction Industry Scheme – determination under regulation 13 of CIS regulations – consideration of amounts related to cost of materials to be properly deducted from gross payments – discussion of meaning of best judgement – whether or not determination made to best judgement – held not – substitution of tribunal’s own judgement – appeal partially allowed

[2020] UKFTT 351 (TC)
Bailii
England and Wales

Construction

Updated: 01 January 2022; Ref: scu.654101

ABB Ltd v Bam Nuttall Ltd: TCC 12 Jul 2013

Issues about the enforceability of an adjudicator’s decision and in particular about alleged material breaches of the rules of natural justice. It is common ground that the adjudicator referred to a particular clause of the contract which neither party argued let alone mentioned to him and which he did not refer to the parties before issuing his decision.

Mr Justice Akenhead
[2013] EWHC 1983 (TCC), 149 Con LR 172, [2013] BLR 529
Bailii
England and Wales

Construction, Arbitration

Updated: 31 December 2021; Ref: scu.512379

Diputacion Foral De Bizkaia v Commission: ECFI 19 May 2015

ECJ Judgment – State aid – Construction – Help the Spanish authorities in favor of the company Habidite – Agreements concluded for the implementation of a building modules factory and delivery of modular homes produced by this factory – Decision declaring illegal aid – Decision declaring the aid partly compatible and partly incompatible with the internal market – prior notification of fault – Rights of the defense – Obligation to state reasons

Mme M. Martins Ribeiro (Rapporteur), P
T-397/12, [2015] EUECJ T-397/12, ECLI: EU: T: 2015: 291
Bailii

European, Construction

Updated: 30 December 2021; Ref: scu.546898

Heron Bros Ltd v Central Bedfordshire Council (No 2): TCC 17 Apr 2015

[2015] EWHC 1009 (TCC)
Bailii
Citing:
See Also – Heron Bros Ltd v Central Bedfordshire Council TCC 20-Mar-2015
Application to strike out a claim on the ground that the claim form was not served within the prescribed time limit. The claim is a procurement challenge in which the Claimant claims damages and a declaration of ineffectiveness in respect of the . .

Lists of cited by and citing cases may be incomplete.

Construction

Updated: 29 December 2021; Ref: scu.545607

Eintragungsausschuss bei der Bayerischen Architektenkammer v Angerer: ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2005/36/EC – Article 10 – Recognition of professional qualifications – Access to the profession of architect – Titles not listed in Annex V, point 5.7.1 – Concepts of ‘specific and exceptional reasons’ and ‘architect’

C-477/13, [2015] EUECJ C-477/13, ECLI:EU:C:2015:239
Bailii
Directive 2005/36/EC

European, Construction

Updated: 29 December 2021; Ref: scu.545440

Heron Bros Ltd v Central Bedfordshire Council: TCC 20 Mar 2015

Application to strike out a claim on the ground that the claim form was not served within the prescribed time limit. The claim is a procurement challenge in which the Claimant claims damages and a declaration of ineffectiveness in respect of the award of a contract by the Defendant for the construction of a leisure centre in its area. The contract has been signed and construction is underway.
Held: Though bad in form the failings were properly to be cured by amendment.

Edwards-Stuart J
[2015] EWHC 604 (TCC), [2015] PTSR 1146, [2015] WLR(D) 137
Bailii, WLRD
Public Contracts Regulations 2006
England and Wales
Cited by:
See Also – Heron Bros Ltd v Central Bedfordshire Council (No 2) TCC 17-Apr-2015
. .

Lists of cited by and citing cases may be incomplete.

Construction, Local Government, Limitation

Updated: 29 December 2021; Ref: scu.544615

North v The Commissioners Revenue and Customs: FTTTx 3 Feb 2015

FTTTx CONSTRUCTION INDUSTRY SCHEME – late filing of returns – incorrect returns – Appellant’s spouse dealt with returns but had been unwell – whether reasonable excuse – on the facts no – whether special circumstances – no – hardship considered – appeal not allowed

[2015] UKFTT 56 (TC)
Bailii
England and Wales

Income Tax, Construction

Updated: 28 December 2021; Ref: scu.543221

Oakrock Ltd v Travelodge Hotels Ltd and Others: TCC 16 Jan 2015

Application by the first defendant for summary judgment against the claimant for the whole of the claim on the ground that the claim has no real prospect of success and that there is no other compelling reason why the case should be disposed of at trial.

Eswards-Stuart J
[2015] EWHC 30 (TCC)
Bailii
England and Wales
Cited by:
Cited – Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd ChD 6-Mar-2018
IVA is a special form of contract
Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on . .

Lists of cited by and citing cases may be incomplete.

Construction

Updated: 27 December 2021; Ref: scu.542240

SLL Subsea Engineering Ltd v Revenue and Customs: FTTTx 28 Jan 2015

FTTTx VAT – Flat Rate Scheme – Whether mechanical engineering relating to subsea equipment should be categorised as ‘architect, civil and structural engineer or surveyor’ – no – whether HMRC decision was reasonable – no – appeal allowed

Anne Scott TJ
[2015] UKFTT 43 (TC)
Bailii
England and Wales

VAT, Construction

Updated: 27 December 2021; Ref: scu.542048

Palau and Another v Revenue and Customs: FTTTx 27 Jan 2015

FTTTx VAT – Penalty Schedule 24 Finance Act 2007 para 15(1); error in claiming a refund of VAT under the DIY Housebuilder’s scheme (Schedule 35 VAT Act 1994); whether the use of the wrong form fell within the scope of the penalty provisions of para 1 Schedule 24 FA 2007 (Error in Taxpayer’s document) – no

[2015] UKFTT 38 (TC)
Bailii
VAT Act 1994 Sch35, Finance Act 2007 24
England and Wales

VAT, Construction

Updated: 27 December 2021; Ref: scu.542041

Farrow v Revenue and Customs: FTTTx 20 Jan 2015

FTTTX CONSTRUCTION INDUSTRY SCHEME – late filing of returns – Section 98A Taxes Management Act – Schedule 55 to the Finance Act 2009 – whether penalties unfair or disproportionate – principles set down in Bosher applied – appeal not allowed

[2015] UKFTT 28 (TC)
Bailii
England and Wales

Construction, Income Tax

Updated: 27 December 2021; Ref: scu.542033

Central Sussex College v Revenue and Customs: FTTTx 27 Nov 2014

FTTTX VALUE ADDED TAX – building construction services – redevelopment of a college campus in stages – whether each stage should be considered separately in applying item 2 of Group 5, Schedule 9 VATA (zero-rating) – or whether a global view comprising all the buildings erected in all the stages should be considered – the final stage delayed by funding problems – held the stages were stand alone projects which should be considered separately – on such consideration held that zero-rating did not apply by reason of the exclusions from zero-rating of enlargements and extensions to existing buildings in Note (16) of items 2 – appeal dismissed

[2014] UKFTT 1058 (TC)
Bailii
England and Wales

VAT, Construction

Updated: 24 December 2021; Ref: scu.540285

Kellie and Another v Wheatley and Lloyd Architects Ltd: TCC 3 Jul 2014

Action for damages – building of detached garage with flat rather than pitched roof – unnecessary.

His Honour Judge Keyser QC
[2014] EWHC 2212 (TCC)
Bailii
Cited by:
Main judgment – Kellie and Another v Wheatley and Lloyd Architects Ltd TCC 27-Aug-2014
. .

Lists of cited by and citing cases may be incomplete.

Professional Negligence, Construction

Updated: 22 December 2021; Ref: scu.537337

A1 Lofts Ltd v Revenue and Customs: ChD 30 Oct 2009

Lewison J said: ‘The court is often called upon to decide whether a written contract falls within a particular legal description. In so doing the court will identify the rights and obligations of the parties as a matter of construction of the written agreement; but it will then go on to consider whether those obligations fall within the relevant legal description. Thus the question may be whether those rights and obligations are properly characterised as a licence or tenancy (as in Street v Mountford [1985] AC 809); or as a fixed or floating charge (as in Agnew v IRC [2001] 2 AC 710), or as a consumer hire agreement (as in TRM Copy Centres (UK) Ltd v Lanwall Services Ltd [2009] 1 WLR 1375). In all these cases the starting point is to identify the legal rights and obligations of the parties as a matter of contract before going on to classify them.’

Lewison J
[2009] EWHC 2694 (Ch), [2009] BVC 924, [2010] STC 214, [2009] NPC 121
Bailii
England and Wales
Citing:
At VDT – A1 Lofts Ltd and A1 Loft Conversions Ltd v Revenue and Customs VDT 3-Dec-2008
FTTx VALUE ADDED TAX – Supply of services – Loft conversions – Taxpayer agreed with contractors they would be paid by clients out of clients’ accounts – Whether taxpayer project manager on clients’ behalf – . .

Cited by:
Cited – Revenue and Customs v Secret Hotels2 Ltd SC 5-Mar-2014
The Court was asked as to: ‘the liability for Value Added Tax of a company which markets and arranges holiday accommodation through an on-line website. The outcome turns on the appropriate characterisation of the relationship between the company, . .
Cited – Uber Bv and Others v Aslam and Others CA 19-Dec-2018
Uber drivers are workers
The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers.
Held: The appeal failed (Underhill LJ dissenting) The . .

Lists of cited by and citing cases may be incomplete.

VAT, Construction

Updated: 20 December 2021; Ref: scu.377352

Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No. 2): TCC 6 Mar 2007

Jackson J
[2007] EWHC 447 (TCC), [2007] Bus LR D109, [2007] BLR 195, [2007] CILL 2458, 111 Con LR 78
Bailii
England and Wales
Citing:
See Also – Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd TCC 31-Aug-2005
A third party television company sought access to the particulars of claim and other pleadings.
Held: HH Judge Wilcox said: ‘There can be no legitimate distinction drawn between decisions made in interlocutory proceedings and those at final . .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd TCC 5-Jun-2006
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another CA 20-Dec-2006
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No. 2) TCC 31-Jan-2007
. .
See Also – Multiplex Construction (Uk) Ltd v Honeywell Control Systems Ltd TCC 8-Feb-2007
Application for permission to appeal. Jackson J considered whether permission to appeal should have been requested at the hearing: ‘It seems to me that I have got to interpret the provisions of Rule 52.3 and the provisions of the Practice Direction . .

Cited by:
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd (No 3) TCC 12-Mar-2007
. .
See Also – Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd CA 27-Apr-2007
The court construed an agreement supplemental to a construction contract. . .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another CA 21-Dec-2007
. .
See Also – Multiplex Construction Ltd v Cleveland Bridge Ltd and Another CA 6-Feb-2008
. .
See Also – Multiplex Construction (Uk) Ltd v Cleveland Bridge UK Ltd and Another TCC 7-Feb-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another TCC 19-Mar-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another TCC 29-Sep-2008
. .
See Also – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another (No 7) TCC 29-Sep-2008
Last stage of the Wembley stadium construction dispute. Jackson J, interpreting Carver said that it set out: ‘how the court ought to approach the matter in circumstances where: (a) one party has made an offer which was nearly but not quite . .
See Also – Cleveland Bridge UK Ltd and Another v Multiplex Constructions (UK) Ltd CA 19-Feb-2010
. .
See Also – Cleveland Bridge Uk Ltd and Another v Multiplex Constructions (UK) Ltd CA 31-Mar-2010
. .

Lists of cited by and citing cases may be incomplete.

Construction

Updated: 20 December 2021; Ref: scu.250462

Hunt and Others v Optima (Cambridge) Ltd and Others: CA 31 Jul 2014

The claimants had bought apartments in a new-build block, developed by the first defendants with other defendants acting as architectural supervisors of the works. They alleged that the building were poorly constructed. The defendant architects said that the sales had been completed long before their certificates were issued and that therefore they were not liable.
Held: The appeal was allowed: ‘the suggested independent tortious duty to take care in the inspection of the property could not in my view have generated in Strutt and Parker a duty to point out at any given time the existence of defects which would, or would if unrectified, prevent the issue of a clean Certificate. It may be that Strutt and Parker undertook contractually with Optima to adhere to a programme of inspections, but it seems to me that to posit additionally a tortious duty periodically to draw attention to defects in construction is simply too great an accretion to graft onto what is at bottom an assumption of responsibility to take care in making statements upon which persons will place reliance.’

Maurice Kay VP CA, Tomlinson, Christopher Clarke LJJ
[2014] EWCA Civ 714
Bailii
England and Wales

Construction, Professional Negligence

Updated: 18 December 2021; Ref: scu.535448

Greenwich Millennium Village Ltd v Essex Services Group Plc and Others: CA 11 Jul 2014

Appeal by a labour only sub-sub-sub-contractor against a decision of Mr Justice Coulson that it is liable to indemnify the respondent, who was the party above it in the contractual chain, for workmanship defects which caused flooding in a block of flats. The principal issue in this appeal is whether the respondent’s failure to detect those defects precludes recovery under an indemnity clause, alternatively prevents recovery of the same sum as damages for breach of contract.
Held: A contractor whio had sub-contracted work with an indemnity was not by its own negligence prevented from enforcing the indemnity.
It is legitimate for any higher court hearing an appeal from a judgment of the court below to take into account any supplemental judgment or statement in which the judge amplified the reasons given for the main judgment:

Jackson, Beatson, Gloster LJJ
[2014] EWCA Civ 960, [2014] 1 WLR 3517, [2014] WLR(D) 309, (2014) 156 Con LR 1
Bailii, WLRD
England and Wales
Cited by:
Cited – Bath v Escott ChD 11-May-2017
Judgment need not follow hearing transcript
Application to have released the audio recording of a hearing to a county court, the applicant saying that the judgment was not a true record of the hearing.
Held: Rose J explained the status of the various elements: ‘the mere fact that the . .

Lists of cited by and citing cases may be incomplete.

Construction, Litigation Practice

Updated: 16 December 2021; Ref: scu.534109

Ampleforth Abbey Trust v Turner and Townsend Project Management Ltd: TCC 27 Jul 2012

The Trustees of the school complained that the contractors had been very slow in completing construction of new accomodation, causing them losses. The formal legal contract was only completed after the works, but it excluded any entitlement to damage for delay. The claimant sought damages from the defendants who had supervised the works, claiming negligence.
Held: ‘(1) TTPM owed to the Trust a duty to exercise reasonable care and skill for the purpose of procuring from Kier an executed building contract.
(2) TTPM was in breach of that duty, in that it failed to exercise sufficient focus on the matters holding up execution of the contract or to exert sufficient pressure on Kier to finalise the contract.
(3) That breach of duty caused the Trust loss, because if TTPM had not been in breach of duty:
(a) the Trust would have taken sufficient steps to ensure that, so far as lay within its power, it procured a contract;
(b) there would have been a real and substantial chance of Kier executing a contract that contained a provision for liquidated damages;
(c) the existence of such a contract would have been a material benefit to the Trust in its dispute with Kier when completion of the H5 works was delayed.
(4) Regarding the quantum of the Trust’s loss:
(a) the probability is that, if there had been a contract in existence, the Trust and Kier would have negotiated a reasonable settlement of their dispute. The value of such a settlement to the Trust, over and above the settlement it negotiated in the absence of a contract, would have been andpound;340,000, taking into account the probable price that the Trust would have had to pay to achieve the execution of the contract.
(b) the Trust is entitled to recover two-thirds of that amount, having regard to the size of the chance that Kier would indeed have signed the contract.
(c) Although the terms of TTPM’s contract with the Trust included a limitation clause, TTPM is not entitled to rely on that clause to limit its liability for damages to the Trust.
(d) Therefore the quantum of damages is andpound;226,603
(5) TTPM is entitled to recover andpound;37,167 for additional fees on its counterclaim.’

Keyser QC HHJ
[2012] EWHC 2137 (TCC), 144 Con LR 115, [2012] TCLR 8
Bailii
England and Wales

Construction, Professional Negligence

Updated: 13 December 2021; Ref: scu.463653

Rush and Tomkins Ltd v Greater London Council: HL 3 Nov 1988

The parties had entered into contracts for the construction of dwellings. The contractors sought payment. The council alleged shortcomings in the works. The principal parties had settled the dispute, but a sub-contractor now sought disclosure of the agreement so that it could pursue its own action. The council said that the document was covered by the without prejudice rule.
Held: When looking at without prejudice negotiations to decide on admissibility, it would be wrong to isolate admissions before admitting the rest. That would not allow the parties to speak freely about all issues in the litigation both factual and legal when seeking compromise and, for the purpose of establishing a basis of compromise, admitting certain facts. The rule applies ‘to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence.’

Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Griffiths, Lord Oliver of Aylmerton, Lord Goff of Chieveley
[1989] AC 1280, [1988] 3 WLR 939, [1988] 3 All ER 737, [1988] UKHL 7
Bailii
England and Wales
Citing:
Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Cited – Waldridge v Kennison 1794
A without prejudice admission that a document was in the handwriting of one of the parties was received in evidence because it was independent of the merits of the case. . .
Cited – Tomlin v Standard Telephones and Cables Ltd CA 1969
Without prejudice material can be admitted if the issue is whether or not the negotiations resulted in an agreed settlement. Without considering the communications in question it would be impossible to decide whether there was a concluded settlement . .
Cited – In Re Daintrey, Ex Parte Holt QBD 8-May-1893
The court was asked whether a letter could be admitted in evidence and relied upon as an act of bankruptcy. The letter was sent by the debtor to the creditor at a time when there was no dispute, headed ‘without prejudice’. It contained an offer of . .
Cited – Walker v Wilsher CA 1889
Letters or conversations which were written or declared to be ‘without prejudice’ may not be taken into consideration in determining whether there is good cause for depriving a successful litigant of his costs.
Lord Esher MR said: ‘The letters . .
Cited – Kitcat v Sharp 1882
The plaintiff clergyman had begun his action for rescission of a contract with the defendant for misrepresentattion. The defendant sent him a ‘private and confidential’ letter threatening publication of the pleadings with comments depreciating the . .
Cited – Teign Valley Mining Co. Ltd, v Woodcock 22-Jul-1899
A company claimed for money owed upon calls upon its shares. The defendant, Woodcock, admitted liability to the company but claimed against a Captain Rising that he held the shares as his nominee. The judge admitted in evidence terms of the . .
Cited – Rabin v Mendoza and Co CA 1954
The plaintiffs sued the defendants for negligence in surveying a property. Before the action commenced a meeting had taken place between the plaintiffs’ solicitor and a partner in the defendants’ firm of surveyors to see if the matter could be . .
Cited – Stretton v Stubbs Ltd CA 28-Feb-1905
(1905) The plaintiff, an artist had a judgment against him by a picture frame maker. It had been entered by consent under an agreement with the plaintiff’s solicitor that no publicity should be given to the result of the action. Nevertheless, the . .
Cited – O’Rourke v Darbishire HL 1920
Sir Joseph Whitworth had died in 1887. In 1884 he had made a will appointing three executors and leaving his residuary estate to charity. By a codicil made in 1885 he altered his will to leave his ultimate residue to his executors for their own . .

Cited by:
Cited – Unilever plc v Procter and Gamble Company CA 4-Nov-1999
The defendant’s negotiators had asserted in an expressly ‘without prejudice’ meeting, that the plaintiff was infringing its patent and they threatened to bring an action for infringement. The plaintiff sought to bring a threat action under section . .
Cited – Berry Trade Ltd and Another v Moussavi and others CA 22-May-2003
A defendant appealed against an order admitting as evidence, records of ‘without prejudice’ conversations.
Held: Written and oral communications, which are made for the purpose of a genuine attempt to compromise a dispute between the parties, . .
Cited – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Cited – Hall and Another v Pertemps Group Ltd and Another ChD 21-Nov-2005
It was alleged that in the course of mediation one party had made a threat against the other. The current application related to a report of the mediation made to a third party, and the court was asked to take account of that threat in assessing . .
Cited – Buckinghamshire County Council v Moran CA 13-Feb-1989
The parties’ respective properties were separated by a fence or hedge and the true owner had no access to the disputed land. In 1967 the Defendants’ predecessors in title began to maintain the land by mowing the grass and trimming the hedges and . .
Cited – Ofulue and Another v Bossert CA 29-Jan-2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
Cited – Brown v Rice and Another ChD 14-Mar-2007
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had . .
Cited – Ofulue and Another v Bossert HL 11-Mar-2009
The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under . .
Cited – Brunel University and Another v Webster and Vaseghi CA 22-May-2007
The parties had been involved in long standing disputes about the procedures in the respondents complaints of race discrimination. The claims had been dismissed, but the Vice-Chancellor then wrote publicly of unfounded unwarranted and excessive . .
Cited – Best Buy Co Inc and Another v Worldwide Sales Corp. Espana Sl ChD 8-Jul-2010
The claimant accused the defendant of making threats in connection with trade mark applications. The claimants operated under US trade marks associated with ‘Best Buy’ and sought similar marks in Europe. The defendant company traded under a similar . .

Lists of cited by and citing cases may be incomplete.

Evidence, Litigation Practice, Construction

Leading Case

Updated: 10 December 2021; Ref: scu.182472

Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006

The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place.
Held: The new landlord was not liable for the failings of the old, and the tenant could not set off any claim in damages from the original lessee against arrears of rent: ‘the weight of principle, authority and textbooks all point firmly in the same direction. Where the reversion to a lease is transferred, a tenant cannot set off, against rent falling due after the transfer, a claim for damages he has arising out of a breach by his original landlord of the lease, let alone of the agreement pursuant to which the lease was granted, unless of course the lease specifically provides that he should have that right.’

Lord Justice Pill Lord Justice Neuberger Lord Justice Scott Baker
Times 12-May-2006, [2006] EWCA Civ 403, [2006] 1 WLR 1583
Bailii
Law of Property Act 1925 141, Landlord and Tenant Covenants Act 1995 3
England and Wales
Citing:
Appeal from – Edlington Properties Ltd v J H Fenner and Co Ltd QBD 20-Oct-2005
The landlord sought repayment of arrears of rent. The tenant sought to raise a set off which had arisen against the landlord’s predecessor arising from defects in the property they had constructed.
Held: The tenant had no right of set off. . .
Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Cited – Spencer’s Case 1583
An assignee of a lease will take both the benefit and burden of the covenants in the lease provided that there is privity of estate as between the person enforcing the covenant and the person against whom enforcement is sought, and the covenant . .
Cited – Corporation of City of London v Fell and Others HL 3-Dec-1993
The original tenant under a lease was not liable for arrears of rent on a tenancy continued after an assignment and after the original contract term has ended. The right of a transferee of the reversion to recover rent is, both in common law and . .
Cited – Duncliffe v Caefelin Properties Ltd ChD 1989
The defendants had taken an assignment of the reversion of a flat held on a long lease. The assignors had gone into liquidation when in prolonged breach of the lessor’s repairing covenant. The lessee asserted that the effect of s.142 on an . .
Cited – Reeves v Pope CA 1914
The potential landlord agreed with the proposed tenant to build a hotel by a date, and the tenant agreed to take a lease when it was ready. The building was late in completion. The tenant took the lease but without prejudice to his claim for . .
Cited – Pfeiffer GmbH v Arbuthnot Factors Limited 1988
Section 136 by its terms preserves the equitable rule that the debtor can rely on any rights of set-off which arose before he had notice of assignment . . .
Cited – National Provincial Bank Limited v Ainsworth HL 1965
The significance of the distinction between occupation and rights was that although the deserted wife was in actual occupation of the former matrimonial home, the quality of her rights was not such as to be capable of amounting to an overriding . .
Cited – The Mortgage Corporation Ltd v Ubah CA 21-Mar-1996
The respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant.
Held: The landlord’s retention of a . .
Cited – Re Arrows Ltd (No 3) ChD 1992
Hoffmann explained the case of Reeves v Pope: ‘The reasoning of the Court of Appeal was that a mortgagee or transferee of a property subject to a lease does not become entitled to the rents . . as an assignee [of] a chose in action by the original . .
Cited – Lee-Parker v Izzett (1) ChD 1971
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence of set-off at law to a claim for unpaid rent. Justice Goff discussed the . .
Cited – Green v Rheinberg CA 1911
. .
Cited – Federal Commerce Ltd v Molena Alpha Inc; (The ‘Nanfri’) CA 1978
The court considered whether claim as against a shipowner could be set off against sums due under a time charter hire.
Held: Save for any contractual provision to the contrary a tenant is entitled to deduct from the rent payable, so as to . .
Cited – Government of Newfoundland v Newfoundland Railway PC 7-Feb-1888
A railway company and its assignees brought action the Government. Under the contract the company was to build a railway subsidised by the government. The railway was not completed. The parties disputed whether the contract was ‘entire’ and no part . .
Cited – Beall v Smith CA 6-Dec-1873
Lord Justice James discussed the practice in the Court of Chancery on claims brought by people without mental capacity: ‘The law of the Court of Chancery undoubtedly is that in certain cases where there is a person of unsound mind, not so found by . .
Cited – Lotteryking Ltd v AMEC Properties Ltd ChD 1995
The tenant sought to prevent the sale of the landlord’s reversion until the lessor’s repairing obligations had been met. One of the grounds was that on a sale the tenant’s right of set-off would not pass.
Held: An order was refused. Lightman . .
Cited – Famous Army Stores v Meehan 1993
. .
Cited – BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc CA 29-Apr-1999
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 . .
Cited – Mellowes Archital Limited v Bell Projects Limited CA 15-Oct-1997
The court referred to ‘the distinction between the common law defence of abatement and the defence of equitable set-off’. . .
Cited – Connaught Restaurants Ltd v Indoor Leisure Ltd CA 17-Sep-1993
The lease provided the tenant would pay the rent ‘without any deduction’.
Held: The words ‘without any deductions’ in a lease were ambiguous and were insufficient to exclude the tenant’s right to claim a set off. Clear words are needed before . .
Cited – Marubeni Corporation v Sea Containers Ltd ComC 17-May-1995
Procedure – set-off – contract for supply of containers – construction of contract – clear words to exclude right of set-off – equitable set-off – abatement – defective containers. The words ‘without deduction’ have been held in the context of a . .

Lists of cited by and citing cases may be incomplete.

Construction, Landlord and Tenant

Updated: 05 December 2021; Ref: scu.241388