Category: Construction

Burchell v Bullard and others: CA 8 Apr 2005

Each side had succeeded in part on their claims and counterclaims, but the Respondent was andpound;5,000 out of pocket. Each party had been ordered to pay the costs of the other.
Held: The appeal succeeded. The judge had correctly recognised the difficulty of settling costs on an issue by issue basis, but should have considered alternatives to the route taken, and ‘Ordering a proportion of costs obviates all the difficulties he acknowledged in an assessment of how much is properly to be allocated to each and every issue considered in isolation. Better by far to decide, despite the difficulty and imprecision of the calculation, that the relevant issue or issues should bear a percentage of the costs taken overall.’
Ward LJ said: ‘Appeals against orders for costs are notoriously difficult to sustain. That is because the trial judge has a wide discretion with the result that this court will only interfere with his decision if he has exceeded the generous ambit within which there is usually much room for reasonable disagreement or because, even more unusually, he has erred in principle . . Once the recorder had decided to enter judgment on the claim and the counterclaim separately and not to set off one against the other, then to take as his starting point that costs should follow the event on each on claim and counterclaim is understandable. It is, however, only the starting point. In any event he said, ‘It will make no difference as to costs.’ He was also correct to direct himself that the court’s wide discretion had to be exercised so as to ensure that the case was dealt with justly.’

Judges:

Ward LJ

Citations:

[2005] EWCA Civ 358, [2005] 3 Costs LR 507, [2005] BLR 330

Links:

Bailii

Statutes:

Civil Procedure Rules 44.3

Jurisdiction:

England and Wales

Citing:

Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Confirmed – Medway Oil and Storage Co Ltd v Continental Contractors Ltd HL 1929
The court set down the principles to be applied when apportioning costs between a claim and counterclaim. Where both the claim and the counter-claim are dismissed with costs, the amount that the Claimant will recover in defeating the counter-claim . .

Cited by:

Cited – Horth v Thompson QBD 6-Jul-2010
After a personal injury claim, the judge had apportioned liability and ordered each side to pay the costs of the other. The case had been allocated to the fast track.
Held: The appeal failed. The existence of the Conditional Fee Agreement did . .
Cited – Rolf v De Guerin CA 9-Feb-2011
The parties had disputed a building contract. A Part 36 offer had been made by the builder defendant, but the judgment was for rather less, and the judge awarded the claimant her costs.
Held: The court exercised its discretion to set aside the . .
Lists of cited by and citing cases may be incomplete.

Costs, Construction

Updated: 29 June 2022; Ref: scu.224081

Connex South Eastern Ltd v M J Building Services Group Plc: CA 1 Mar 2005

The defendant had repudiated the building contract in 2002. The claimant now resisted a request for arbitration, saying the request was an abuse of process after such delay.
Held: The defendant’s appeal succeeded. The Arbitration Act explicitly allowed a reference at any time, and there was nothing in the Act to indicate any restrictive interpretation of the phrase.

Judges:

Lord Justice Ward Lord Justice Dyson Lord Justice Carnwath

Citations:

[2005] EWCA Civ 193, Times 13-May-2005

Links:

Bailii

Statutes:

Housing Grants, Construction and Regeneration Act 1996, Arbitration Act 1996 108(1)

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 29 June 2022; Ref: scu.223283

Abbott and Another v Will Gannon and Smith Ltd: CA 2 Mar 2005

The claimant had employed the defendants to design refurbishment works for their hotel. The work was said to be negligent, and the claimant sought damages. The defendant argued as a preliminary point that the claim was time barred. The question was asked as to whether Pirelli remained good law, in the light of the decision in Murphy v Brentwood.
Held: The court was bound by the decisions in Pirelli and Ketteman, the situation being on all fours with Pirelli, whatever doubts there might be about it: ‘Pirelli was approved in Ketteman and was cited without disapproval in Murphy by the House which included two members (Lords Bridge and Brandon) who were party to the decision in Pirelli. It has not been expressly over-ruled and I am not persuaded that this has been done impliedly. Lord Lloyd left open the question as to whether Pirelli was still the law in England. It seems to me that only the House of Lords can decide whether it is or not. ‘

Judges:

Lord Justice Mummery, Lord Justice Tuckey And Lord Justice Clarke

Citations:

[2005] BLR 195, [2005] EWCA Civ 198, Times 29-Apr-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Pirelli General Cable Works v Oscar Faber and Partners HL 2-Jan-1983
The plaintiff asked the defendant consulting engineer to design an extension to their factory in 1969. Not later than in April 1970, cracks developed in the chimney. In 1977 the cause of the damage was discovered. It arose from design faults in the . .
Cited – Forster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .
Cited – Bellefield Computer Services Limited, Unigate Properties Limited; Unigate Dairies Limited; Unigate (Uk) Limited; Unigate Dairies (Western) Limited v E Turner and Sons Limited Admn 28-Jan-2000
The Defendant builders constructed a steel building to be used as, inter alia. a dairy. The original owners sold it to the appellants. A fire spread from the storage area to the rest of the dairy and caused much damage. The Builders, had they . .
Cited – Ketteman v Hansel Properties Ltd HL 1987
Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical . .
Cited – Murphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
Cited – Invercargill City Council v Hamlin PC 12-Feb-1996
(New Zealand) Seventeen years earlier the plaintiff had asked a builder to construct a house for him, but it now appeared that the foundations had been inadequate. The building company no longer being in existence, he sought damages from the local . .
Lists of cited by and citing cases may be incomplete.

Limitation, Construction

Updated: 29 June 2022; Ref: scu.223109

Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd: CA 17 Feb 2005

The defendant appealed an order adding two new claimants.
Held: Cases decided under the old RSC were not apposite for matters covered by the new Civil Procedure Rules. The court was not bound by the Sardinia Sulcis rules: ‘The Sardinia Sulcis should be allowed to sink back to the ocean bottom. It would muddy the waters.’ If service is dispensed with, no prejudice will have been suffered by the defendant other than that it will not be able to rely upon an unmeritorious limitation defence, and that is no prejudice at all. Jacob LJ spoke of the difference between the 1939 and 1980 Acts: ‘the 1980 Act had the obvious intention of liberalising the position from that under the Limitation Act 1939.’

Judges:

Jacob, Hooper LJJ

Citations:

[2005] EWCA Civ 134, Times 28-Feb-2005, [2005] 1 WLR 2557

Links:

Bailii

Statutes:

Civil Procedure Rules, Limitation Act 1980, Limitation Act 1939

Jurisdiction:

England and Wales

Citing:

On appeal from – Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd TCC 22-Jul-2004
. .
Cited – The Sardinia Sulcis CA 1991
The power to change a party after the expiry of a limitation period can be exercised where a party has been wrongly identified, but ‘it was possible to identify the intending claimant or intended defendant by reference to a description which was . .
Cited – Gregson v Channel Four Television Corporation CA 11-Jul-2000
It was possible to amend pleadings outside of the limitation period, where the alteration to identify the correct party was genuine and the mistake had not mislead any party. In this case there was no reasonable doubt about who had been intended to . .

Cited by:

Appealed to – Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd TCC 22-Jul-2004
. .
Cited – Asia Pacific (Hk) Ltd. and others v Hanjin Shipping Co Ltd (Hanjin Pennsylvania) ComC 7-Nov-2005
Various cargo owners sought damages against the owners of the ship which had suffered an explosion with the loss of the cargo. The defendants asserted limitation. Some claimants had agreed an extension of time. Proceedings were then issued but . .
Cited – Adelson and Another v Associated Newspapers Ltd CA 9-Jul-2007
The claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period.
Held: The claimant was seeking to use the rules for substitution of parties to add a party. In . .
Lists of cited by and citing cases may be incomplete.

Construction, Litigation Practice

Updated: 29 June 2022; Ref: scu.222729

Iliffe and Another (T/A Otterton Post Office) v Customs and Excise: VDT 14 Jan 2004

VDT ASSESSMENT – Over-claimed input tax – Work done to a listed building – Whether alteration or repair – Part of work related to private house – Whether VAT reasonable
LEGAL COSTS – Appellants ordered by court to pay building societies costs including VAT – Whether that VAT recoverable in hands of the Appellants – Civil Procedure Rules 1998 considered – Appeal dismissed

Citations:

[2004] UKVAT V18444

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Construction

Updated: 28 June 2022; Ref: scu.221149

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration.
Held: The appeal failed. There was nothing in section 111(1) to prevent a party seeking arbitration and a stay for that arbitration.

Judges:

Brooke LJ, Clarke LJ, Neuberger LJ

Citations:

[2004] EWCA Civ 1757, Times 03-Jan-2005

Links:

Bailii

Statutes:

Arbitration Act 1996 9, Housing Grants, Construction and Regeneration Act 1996 111(1)

Jurisdiction:

England and Wales

Citing:

Cited – Halki Shipping Corporation v Sopex Oils Limited CA 19-Dec-1997
The court was aked whether there was a dispute sufficient to sustain a stay of court proceedings for arbitration under the Act.
Held: There was a dispute once money is claimed unless and until the defendants admit that the sum is due and . .
Approved – Amec Civil Engineering Ltd v The Secretary of State for Transport TCC 11-Oct-2004
The court affirmed an interim arbitration award as to jurisdiction in an arbitration commenced by the Secretary of State against the contractors in relation to work carried out by them on the Thelwall viaduct. The court identified seven applicable . .

Cited by:

Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
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 . .
Mentioned – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 28 June 2022; Ref: scu.220662

Bracken and Another v Billinghurst: TCC 10 Jun 2003

The claimants claimed the sum due under an adjudication award of andpound;43,984.66. The claimants had originallyy told the defendant they would take andpound;6,000 in settlement of the award. They were sent a cheque for andpound;5,000 expressed to be ‘in full and final settlement’ of the debt. The defendant now said that the letter sent by their solicitors clearly stipulated that ‘The payment is tended as an offer of settlement which will deemed to have accepted by you and therefore be contractually binding if it is presented to your bank and cleared for payment. If you are not willing to accept the payment on these terms, would you please return the payment and we will assume therefore that the dispute will have to continue’. The claimants waited two weeks before presenting it. Then two days after clearance they wrote to inform the defendant that they would not accept the lesser sum in satisfaction of the debt. The claimant sought summary judgment.
Held: The request was refused. This was too long a period of time for the claimant to have held the cheque without informing the defendant of their intentions. Also, since the offer and payment were made by a third party, the presentation of the cheque was taken to be a clear acceptance of the offer of compromise.

Judges:

Wilcox J

Citations:

[2003] EWHC 1333 (TCC), [2003] CILL 2039, [2004] TCLR 4

Links:

Bailii

Citing:

Cited – Day v McLea CA 1889
The fact alone that a person receives and accepts a cheque offered in full and final settlement of the person’s claim for a higher sum does not create an accord and satisfaction. There is only an accord if there is an agreement whereby the person . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 28 June 2022; Ref: scu.220590

Bryen and Langley Limited v Boston: TCC 4 Nov 2004

Judges:

His Honour Judge Richard Seymour

Citations:

[2004] EWHC 2450 (TCC)

Links:

Bailii

Cited by:

Appeal from – Bryen and Langley Ltd v Boston CA 29-Jul-2005
The special facts surrounding the agreement of the standard term at issue were such that the court held that it could not possibly say that there had been a breach of the principle of fair dealing and that rendered it unnecessary for the court to . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract, Consumer

Updated: 27 June 2022; Ref: scu.219351

AMEC Capital Projects Ltd v Whitefriars City Estates Ltd: CA 28 Oct 2004

Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract.
Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A professional person acting as arbitrator is bound by the principles of natural justice just as would be a judge in court. However, since the appointment itself was invalid, the decision was not open to challenge on this basis. The decision of an adjudicator as to his own standing was of no effect, and therefore a party was not affected by his decision.

Judges:

Kennedy LJ, Chadwick LJ, Dyson LJ

Citations:

[2005] BLR 1, [2004] EWCA Civ 1418, Times 08-Nov-2004, [2004] EWCA Civ 1535

Links:

Bailii, Bailii

Statutes:

Housing Grants, Construction and Regeneration Act 1996

Jurisdiction:

England and Wales

Citing:

Appeal from – AMEC Capital Projects Ltd v Whitefriars City Estates Ltd TCC 27-Feb-2004
. .
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited – London Borough of Ealing and others v Jan CA 7-Feb-2002
Appeal from findings of breaches of injunctions. . .
See Also – AMEC Capital Projects Ltd v Whitefriars City Estate Ltd TCC 19-Sep-2003
Application to enforce adjudicators award, and application to stay same. . .

Cited by:

Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
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 . .
Cited – Carillion Construction Ltd v Devonport Royal Dockyard TCC 26-Apr-2005
Application for leave to appeal against arbitrator’s award in construction dispute.
Held: The appeal was declined. . .
Cited – Henry v London Metropolitan University EAT 19-Sep-2006
EAT The Appellant was found by the Tribunal to have been victimised and discriminated against in three respects; in two cases at the hands of Mr Williams who commenced disciplinary proceedings against him and in . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration, Natural Justice

Updated: 27 June 2022; Ref: scu.218864

Bride Hall Estates Ltd and another v St George North London Ltd: ChD 30 Apr 2003

Land was sold with an overage clause, requiring further payments after deduction of incentives. The parties disputed whether car parking facilities given to the purchasers were incentives, or part of the consideration.
Held: The clause itself was of little assistance. The parking spaces were included wihin the leases, and were part of what was sold. They were not to be deducted as incentives for the calculation.

Judges:

Mr John McDonnell QC

Citations:

Gazette 22-Jun-2003

Jurisdiction:

England and Wales

Citing:

Appealed to – Bride Hall Estates Limited, Openboard Limited v St George North London Limited CA 18-Feb-2004
A contract contained an overage clause which would come into effect according to whether car parking spaces were included when calculatiing the average values.
Held: The contracts indicated that the parking spaces were to be included. . .

Cited by:

Appeal from – Bride Hall Estates Limited, Openboard Limited v St George North London Limited CA 18-Feb-2004
A contract contained an overage clause which would come into effect according to whether car parking spaces were included when calculatiing the average values.
Held: The contracts indicated that the parking spaces were to be included. . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract

Updated: 27 June 2022; Ref: scu.183800

Templeton (Inspector of Taxes) v Transform Shop Office and Bar Fitters Ltd: ChD 15 Jul 2005

The contractor had not met its liabilities to pay PAYE. The general commissioners had nevertheless granted a construction industry certificate under sections 561 and 565, having found an informal agreement to allow late payments.
Held: No tax was now outstanding. The taxpayer had a turnover of andpound;5 million a year, but would be bankrupt without the certificate. The infringements could be regarded as minor and technical. That conclusion was not so far wide of the mark as to justify interference.

Judges:

Hart J

Citations:

Times 20-Sep-2005, [2005] EWHC 1558 (Ch)

Statutes:

Income and Corporation Taxes Act 1988 561 565

Jurisdiction:

England and Wales

Citing:

Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Lists of cited by and citing cases may be incomplete.

Income Tax, Construction

Updated: 27 June 2022; Ref: scu.230100

Daly and Another v Sheikh: CA 7 May 2002

Application for leave to appeal

Citations:

[2002] EWCA Civ 810

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Daly, Daly v Sheikh CA 13-Feb-2004
. .
See Also – Daly and Another v Sheikh CA 24-Oct-2002
Application for leave to appeal . .

Cited by:

See Also – Daly and Another v Sheikh CA 24-Oct-2002
Application for leave to appeal . .
See Also – Daly, Daly v Sheikh CA 13-Feb-2004
. .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 23 June 2022; Ref: scu.217159

Wolff and Muller GmbH and Co. KG contre Jose Filipe Pereira Felix: ECJ 12 Oct 2004

ECJ (Judgment) Article 49 EC – Restrictions on freedom to provide services – Companies in the construction sector – Subcontracting – Obligation on an undertaking to act as guarantor for the minimum remuneration of workers employed by a subcontractor

Citations:

C-60/03, [2004] EUECJ C-60/03

Links:

Bailii

Jurisdiction:

European

Company, Construction

Updated: 23 June 2022; Ref: scu.216598

Lloyds Bank plc v Guardian Assurance plc: CA 1986

The statutory control over building works provided under s.60 is capable of operating quite separately from the private law tort of nuisance.

Judges:

Sir John Arnold P and Nourse LJ

Citations:

[1986] 35 BLR 34

Statutes:

Control of Pollution Act 1974 60

Jurisdiction:

England and Wales

Cited by:

Cited – Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others ChD 25-Jan-2008
The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land.
Held: The injunction should be granted. . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Construction

Updated: 23 June 2022; Ref: scu.266303

Commissioners of Customs and Excise v Blom-Cooper: ChD 12 Jul 2002

The tax payer had converted a building which had had both residential and business uses into residential use, and sought to reclaim the input tax on that part of the expenditure attributable to the residential part. The Commissioners appealed.
Held: The tribunal was correct. There was no need to restrict the availability to wholly residential conversions, and such a reading would lead to absurdity. The conversion fell within the definition of the section to the extent described.

Judges:

Mr Justice Peter Smith

Citations:

Times 20-Jul-2002, [2002] EWHC 1421 (Ch), [2002] STC 1061

Statutes:

Value Added Tax Act 1994 35(1D)

Jurisdiction:

England and Wales

Citing:

Appealed to – Commissioners of Customs and Excise v Blom-Cooper CA 4-Apr-2003
The taxpayer appealed a decision that a conversion of a non-residential part of a building used for business and residential purposes was not exempt from VAT.
Held: The building was not within the definition of a self contained residential . .

Cited by:

Cited – Revenue and Customs v Jacobs CA 22-Jul-2005
The taxpayer had converted a former residentional boarding school into a substantial private residence. He had sought to claim over andpound;300,000 VAT inputs. The Commissioners appealed the finding that he was so entitled.
Held: ‘works . .
Lists of cited by and citing cases may be incomplete.

Construction, VAT

Updated: 21 June 2022; Ref: scu.174443

S and T (UK) Ltd v Grove Developments Ltd: CA 7 Nov 2018

Appeal by a building contractor against a decision that the contractor is not entitled to recover an interim payment of some pounds 14 million. There are three issues in the appeal. They are:
i) Whether the employer’s purported Pay Less Notice sent in response to interim application 22 complied with the contractual requirements.
ii) Whether the employer is entitled to pursue a claim in adjudication to determine the correct value of the works on the date of interim application 22.
iii) Whether, in April 2017, the employer complied with the contractual requirements in order to maintain its claim for liquidated damages.

Citations:

[2018] EWCA Civ 2448

Links:

Bailii

Jurisdiction:

England and Wales

Construction

Updated: 18 June 2022; Ref: scu.628709

Costain Building and Civil Engineering v Smith and Another: EAT 5 May 1999

This case raises a question as to whether an agency worker engaged in the construction industry was an employee of the building contractor.

Citations:

[1999] UKEAT 141 – 99 – 0505

Links:

Bailii

Cited by:

See Also – Costain Building and Civil Engineering Ltd v Smith, Chanton Group Plc EAT 29-Nov-1999
EAT Contract of Employment – Breach of Contract . .
Lists of cited by and citing cases may be incomplete.

Employment, Construction

Updated: 14 June 2022; Ref: scu.205163

Petromec Inc v Etroleo Brasileiro Sa Petrobras and others: ComC 6 Jul 2007

Judges:

Cooke J

Citations:

[2007] EWHC 1589 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Petromec Inc v Petroleo Brasileiro S A Petrobras and others ComC 18-Feb-2003
. .
See Also – Petromec Inc and Petroleo Brasileiro S A Petrobras, Braspetro Oil Services Company v Petromec Inc, Petro-Deep Inc, Maritima Petroleo E Engenharia Ltda QBD 2-Feb-2004
The parties entered into a complex group of inter-related contracts for the purpose of purchasing and upgrading an oil production platform for use by Petrobras in the South Marlim oilfield. At a very early stage it was agreed that the upgrade . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras, Braspetro Oil Services Company, Societa Armamento Navi Appoggio Spa, Den Norske Bank Asa CA 17-Feb-2004
. .
See Also – Petromec Inc v Petroleo Brasileiro SA Petrobrasbraspetro Oil Services etc ComC 20-May-2004
. .
See Also – Petromec Inc Petro-Deep Inc and others v Petroleo Brasileiro Sa and others CA 15-Jul-2005
. .
See Also – Petroleo Brasileiro SA and Another v Petromec Inc and others ComC 3-Nov-2005
. .
See Also – Petromec Inc v Petroleo Brasiliero Sa Petrobras and Another ComC 16-Jun-2006
. .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras CA 19-Jul-2006
A Mr Efremovich, a third party to the action was ordered to pay the costs of Petrobras and Brasoil which on the failure of its claim against them had been ordered to be paid by Petromec. The judge found that Mr Efromovich controlled the proceedings . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others ComC 7-Dec-2006
. .
See Also – Petromec Inc v Petrobras ComC 11-May-2007
Defendant’s application for security for costs. . .

Cited by:

See Also – Petromec Inc v Petroleo Brasileiro SA Petrobras and others CA 21-Dec-2007
. .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others CA 23-Jan-2008
Short order. . .
Lists of cited by and citing cases may be incomplete.

Contract, Construction

Updated: 13 June 2022; Ref: scu.254491

Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd: TCC 8 Jul 2004

The claim arose from works at a sewage plant carried out by the defendants and their sub-contractors. The plant failed to meet performance standards. It was suggested that the form of standard contract restricted the claimant’s ability to pursue a damages claim for breach, but it now sought the contractual entitlement to recover its relevant remedial costs.
Held: The claimant’s rights were limited by the contract, which provided other remedies. The claimant had not carried out the recommended acceptance testing. The system itself was sound. The claim failed.

Judges:

Forbes J

Citations:

[2004] EWHC 1660 (TCC)

Links:

Bailii

Citing:

Cited – Charter Reinsurance Co Ltd v Fagan and Others HL 24-May-1996
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made.
Held: The . .
Cited – Arbuthnott v Fagan CA 30-Jul-1993
The court considered the proper approach to construction of the terms in a contract. Sir Thomas Bingham MR said: ‘Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract

Updated: 13 June 2022; Ref: scu.201846

Tunnel Refineries Ltd v Bryan Donkin Company Ltd, Alsthom SA, GEC Alsthom Electromechanique SA Imphy SA, Apv Services Ltd, Foundry Imphy Ltd v Recorder: TCC 8 May 1998

Economic loss. Component of machine defective because of negligence of suppliers breaks and wrecks rest of machine. Claim in tort by owner against suppliers for replacement cost of rest of machine and consequential loss of production fails. Rest of machine held not to be ‘other property’, so that recovery excluded. Murphy v. Brentwood DC [1991] 1 AC 398 (HL) applied. Preliminary issue on partly assumed and partly agreed facts decided in favour of defendant suppliers.

Citations:

[1998] EWHC Technology 322

Links:

Bailii

Construction, Damages

Updated: 13 June 2022; Ref: scu.201752

Pride Valley Foods Ltd v Hall and Partners: TCC 4 May 2000

TCC Contract – Project Management – Role of Quantity Surveyor acting as Project Manager – Duty to warn clients of fire hazards – Causation – Contributory Negligence – Test whether defendants are Partnership or Limited Company – role of experts in relation to evidence of Project Management

Judges:

John Toulmin CMG QC

Citations:

[2001] 76 Con LR 1, [2000] EWHC Technology 106

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945

Citing:

Approved – Kerry v Carter CA 1969
The court considered the apportionment of responsibility under the 1945 Act.
Lord Denning MR said: ‘We have been referred to cases on this subject, particularly the recent case of Brown v Thompson [1968] 1 WLR 1003. Since that case it seems to . .

Cited by:

Cited – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.

Negligence, Construction

Updated: 13 June 2022; Ref: scu.201811

Royal Brompton Hospital National Health Trust v Hammond and others: TCC 9 Dec 1999

Judges:

His Honour Judge John Hicks Qc

Citations:

[1999] EWHC Technology 187

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Royal Brompton Hospital National Health Trust v Hammond etc TCC 8-Jan-1999
. .

Cited by:

See Also – The Royal Brompton Hospital NHS Trust v Hammond and Others TCC 18-Dec-2000
. .
See Also – Royal Brompton Hospital National Health Service Trust v Hammond and others CA 9-Feb-2001
. .
See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5) CA 11-Apr-2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail . .
See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others CA 23-May-2001
. .
See Also – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 13 June 2022; Ref: scu.201791

James Longley and Company Ltd v Forest Giles Ltd: CA 18 Jul 2001

The claimant sought an indemnity from his insurers under the Public Liability Section of a standard Builders Contractors Policy. A sub-contractor who had spent money rectifying a defectively laid floor and who had been sued to judgment in contract by the general contractor for losses caused by delay. The relevant wording was: ‘All sums for which the Insured shall be liable at law for damages in respect of (a) bodily injury to any person; (b) Damage to property; (c) Obstruction loss of amenities trespass or nuisance; occurring during the period of Insurance and arising in connection with the Business. ‘ The judge had decided that neither the cost of rectification nor the damages payable to the general contractor were within the cover.
Held: The appeal failed. Potter LJ said: ‘It is not the usual intention, in a contractor’s public liability insurance, to give cover in respect of defective workmanship which requires rectification but does not cause physical damage to the personal property of a third party or interference with a third party’s property rights, as opposed to their purely economic interests.’

Judges:

Potter LJ

Citations:

[2001] EWCA Civ 1242, [2002] 1 Lloyd’s Rep IR 421

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Tesco Stores Ltd. v Constable and others Comc 14-Sep-2007
The defendants provided insurance for the claimant to construct a train tunnel over which the claimant would build a supermarket. The tunnel collapsed, and the railway operator claimed for loss of revenues. The insurers denied responsibility saying . .
Lists of cited by and citing cases may be incomplete.

Insurance, Construction

Updated: 13 June 2022; Ref: scu.201257

Royal Brompton Hospital National Health Service Trust v Hammond and others: CA 9 Feb 2001

Citations:

[2001] EWCA Civ 206

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Royal Brompton Hospital National Health Trust v Hammond etc TCC 8-Jan-1999
. .
See Also – Royal Brompton Hospital National Health Trust v Hammond and others TCC 9-Dec-1999
. .
See Also – The Royal Brompton Hospital NHS Trust v Hammond and Others TCC 18-Dec-2000
. .

Cited by:

See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5) CA 11-Apr-2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail . .
See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others CA 23-May-2001
. .
See Also – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 11 June 2022; Ref: scu.200831

Gill v Donald Humberstone and Co Ltd: HL 1963

When interpreting delegated legislation, the Court ought be concerned with practical considerations rather than construing it by meticulous comparison of the language of the various provisions such as might be appropriate in construing sections of an Act of Parliament and that if the language is capable of more than one interpretation, a court ought discard the more natural meaning if it leads to an unreasonable, result, and adopt that interpretation which leads to a reasonably practical result.
Lord Reid said: ‘I find it necessary to make some general observations about the interpretation of regulations of this kind. They are addressed to practical people skilled in the particular trade or industry . . They have often evolved by stages as in the present case, and as a result they often exhibit minor inconsistencies, overlapping and gaps. So they ought to be construed in light of practical considerations, rather than by a meticulous comparison of the language of their various provisions, such as might be appropriate in construing sections of an Act of Parliament . . difficulties cannot always be foreseen, and it may happen that in a particular case the requirements of a regulation are unreasonable or impracticable; but, if the language is capable of more than one interpretation, we ought to discard the more natural meaning if it leads to an unreasonable result, and adopt that interpretation which leads to a reasonably practicable result.’

Judges:

Lord Reid

Citations:

[1963] 1 WLR 929, [1963] 3 All ER 180

Statutes:

Factories Act 1937

Jurisdiction:

England and Wales

Personal Injury, Construction

Updated: 11 June 2022; Ref: scu.535596

Re-Source America International Ltd. v Platt Site Services Ltd. and Another, Barkin Construction Ltd: CA 2 Jun 2004

‘Section 2 of the 1978 Act is not expressed exclusively in terms of causative responsibility for the damage in question, although obviously the court must have regard to this, as the section directs, and it is likely to be the most important factor in the assessment of relative responsibility which the court has to make. But in the result the court’s assessment has to be just and equitable and this must enable the court to take account of other factors as well as those which are strictly causative. Such an assessment made by a trial judge will only be altered on appeal if it is clearly wrong.’

Judges:

Lord Justice Laws Lord Justice Tuckey Lord Justice Brooke

Citations:

[2004] EWCA (Civ) 665

Links:

Bailii

Statutes:

Civil Liability (Contribution) Act 1978 2

Jurisdiction:

England and Wales

Cited by:

Binding – Brian Warwicker Partnership v HOK International Ltd CA 27-Jul-2005
The claimant partnership had sought a contribution from the defendants to the damages awarded against it.
Held: The section made allowance for non-causative factors when calculating a contribution, but the extent to which they should be . .
See Also – Platt Site Services Ltd, Barkin Construction Ltd v Re-Source America International Ltd CA 8-Feb-2005
The plaintiff was the bailee of spools which were used to carry optic fibre cables which it was to refurbish. The spools were destroyed by fire.
Held: The company was entitled to recover the cost of replacing the spools, subject to a deduction . .
See Also – Re-Source America Ltd. v Platt Site Services Ltd and Another (No 3) TCC 20-Oct-2005
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Construction, Negligence, Damages

Updated: 11 June 2022; Ref: scu.197929

Jones v Stroud District Council: CA 1986

The plaintiffs were unable to prove that they had paid for repair carried out to their building and rendered necessary by the defendants’ negligence.
Held: After referring to the general principle that a plaintiff who seeks to recover damages must prove that he has suffered loss: ‘but if property belonging to him has been damaged to an extent which is proved and the court is satisfied that the property has been or will be repaired I do not consider that the court is further concerned with the question whether the owner has had to pay for repairs out of his own pocket or whether the funds have come from some other source.’

Judges:

Neill LJ

Citations:

[1986] 1 WLR 1141

Jurisdiction:

England and Wales

Cited by:

Cited – Alfred Mcalpine Construction Limited v Panatown Limited HL 17-Feb-2000
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue . .
Lists of cited by and citing cases may be incomplete.

Construction, Damages

Updated: 11 June 2022; Ref: scu.218909

Blair v Osborne and Tomkins and Another: CA 12 Nov 1970

Two neighbours engaged an architect to draw up plans for a building at the rear of their houses. He charged them the full RIBA rate for the plans. They did not ask the architect to build the house or supervise the project but handed the plans to a builder, who made minor amendments, then submitted them as his own design. The architect sued for infringement of the copyright in the plans. He appealed an award of only nominal damages.
Held: The nominal award was correct. The contract included an implied term that the land owners would be free to use the plans to build the house, including necessary licences. The attribution was wrongful, but was not the source of damage.

Judges:

Lord Denning M.R., Widgery and Megaw L.JJ

Citations:

[1971] 1 QB 78, [1971] 2 WLR 503, [1971] 1 All ER 468

Links:

lip

Jurisdiction:

England and Wales

Citing:

Approved – Beck v Montana Constructions Pty Ltd 1964
(New South Wales) . .

Cited by:

Cited – Robin Ray v Classic FM Plc PatC 18-Mar-1998
Contractor and Client Copyrights
The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract.
Held: A Joint authorship claim required that the contributor had made some direct . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Construction, Damages, Contract

Updated: 10 June 2022; Ref: scu.174046

Horbury Building Systems Limited v Hampden Insurance Nv: CA 7 Apr 2004

Judges:

Lord Justice Peter Gibson Lord Justice Mance Lord Justice Keene

Citations:

[2004] EWCA Civ 418

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Horbury Building Systems Ltd v Hampden Insurance Nv ComC 9-Sep-2003
The claimant had installed suspended ceilings in a new cinema complex. They took out insurance with the respondents, and now pursued a declaration as to the liability of the defendants under the policy. They had used the wrong washers, leading to a . .
Lists of cited by and citing cases may be incomplete.

Insurance, Construction

Updated: 10 June 2022; Ref: scu.195494

Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited: HL 26 Feb 2004

The commissioners sought to charge to VAT charges for works which had been carried out to a building within the curtilage of a listed building. The taxpayer sought zero-rating.
Held: The outbuilding to which alterations were made must have been a ‘protected building’. Note (1) defines a protected building as both ‘a building which is designed to remain as or become a dwelling house’ and it must be a ‘listed building, within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990’. Since the new building would not be a dwelling, the claim failed the first test, and the works were not zero-rated (Lord Nicholls of Birkenhead dissenting).

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood

Citations:

[2004] BTC 5249, [2004] 1 WLR 707, [2004] STI 502, [2004] STC 456, [2004] 10 EGCS 185, [2004] 2 All ER 141, [2004] BVC 309, [2004] UKHL 7, Times 27-Feb-2004, Gazette 25-Mar-2004

Links:

House of Lords, Bailii

Statutes:

Value Added Tax Act 1994 Sch 8 Grp 6, Planning (Listed Buildings and Conservation Areas) Act 1990

Jurisdiction:

England and Wales

Citing:

Appeal from – Zielinski Baker and Partners Ltd v Commissioners of Customs and Excise CA 12-May-2002
Taxpayers sought exemption from VAT for works to a building. The commissioners claimed that the main building was not a dwelling, and that therefore the outbuilding would not be exempt.
Held: The main building was listed, and the outbuilding . .
Cited – Debenhams Plc v Westminster City Council HL 1987
The extended definition of ‘listed building’ in section 54(9) applied equally for the purposes of paragraph 2(c) of Schedule 1 of the 1967 Act. No rates were to be payable in respect of a hereditament for any period during which it was included in a . .
Cited – Commission v United Kingdom ECJ 21-Jun-1988
Europa An action by the Commission pursuant to Article 169 of the Treaty against a Member State for failure to fulfil its obligations, the bringing of which is a matter for the Commission in its entire . .
Cited – Shimizu (UK) Ltd v Westminster City Council HL 11-Feb-1997
The removal of a listed building’s chimney stacks was an alteration allowing a claim for compensation. The phrases ‘alteration’ and ‘demolition’ are mutually exclusive. Although part of a building may be a listed building, a part of a listed . .
Cited – Secretary of State for Environment, Transport and Regions and Another v Skerritts of Nottingham Ltd CA 25-Feb-2000
The meaning of ‘curtilage’ whilst not strictly a term of art had caused considerable difficulties. There was nothing inherent in the concept to imply any limitation that the area should be small. In this case the curtilage of a manor house could . .
Cited – Customs and Excise Commissioners v Viva Gas Appliances Limited HL 1983
Any work on the fabric of a building constituted its alteration ‘except that which is so slight or trivial as to attract the application of the de minimis rule’. The word ‘demolition’ meant destroying the building as a whole. . .
Lists of cited by and citing cases may be incomplete.

VAT, Construction

Updated: 10 June 2022; Ref: scu.193888

Junior Books v Veitchi Co Ltd: HL 15 Jul 1982

The defendant was a specialist sub-contractor brought in to lay a floor. In laying the composition floor the defenders used too wet a mixture and applied too thin a top coat and failed to cure the material properly. As a result cracks began to appear in the floor and it started to break up. The floor required replacement and the pursuers contended that while this replacement work was carried out they would lose business and incur irrecoverable overheads. There was no direct contractual relationship between them.
Held: Assuming the allegations to be true, there was a sufficiently close relationship between the parties to give rise to a relationship of care, and if proved, the plaintiff would be entitled to recover its financial losses.

Citations:

[1983] AC 520, [1982] 3 WLR 477, [1982] 3 All ER 201, [1982] UKHL 4, [1982] UKHL 12, [1982] Com LR 221, 1982 SC (HL) 244, 1982 SLT 492, 21 BLR 66

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Anns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .

Cited by:

Applied – Tate and Lyle Industries Ltd v Greater London Council HL 24-Mar-1983
The plaintiff had constructed and used two jetties, and dredged a channel down to the Thames for their use. The Council constructed two terminals nearby, the result of which was to cause a build up of silt blocking the channel.
Held: The . .
Cited – Ketteman v Hansel Properties Ltd HL 1987
Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical . .
Cited – Pirelli General Cable Works v Oscar Faber and Partners HL 2-Jan-1983
The plaintiff asked the defendant consulting engineer to design an extension to their factory in 1969. Not later than in April 1970, cracks developed in the chimney. In 1977 the cause of the damage was discovered. It arose from design faults in the . .
Cited – Simaan General Contracting Co v Pilkington Glass Ltd CA 17-Feb-1988
The defendant had supplied glass to a contractor. The customer complained that the glass was not uniform, and the contractor now sued the defendant for its losses. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Construction, Scotland

Updated: 08 June 2022; Ref: scu.189984

Roadrunner Properties Ltd v Dean and Another: CA 21 Nov 2003

Where an application is made under the 1996 Act, as to the issue of causation of damage, a court can properly take a reasonably robust approach where the damage to the adjoining owner’s property is of the sort one would expect to result from the building owner’s work.

Judges:

Chadwick LJ

Citations:

[2003] EWCA Civ 1816, [2004] 1 EGLR 73

Links:

Bailii

Statutes:

Parety Wall etc Act 1996

Jurisdiction:

England and Wales

Cited by:

See Also – Roadrunner Properties Ltd and Another v Dean and Another CA 17-Mar-2004
Application to amend order drawn up and agreed . .
Cited – Drake v Harbour CA 31-Jan-2008
The plaintiff engaged the defendants to re-wire her house. She was away, and the defendants in sole charge of the house when it suffered a major fire originating in a room used by the defendants. The defendants appealed a finding of liability saying . .
Cited – Rodrigues v Sokal TCC 30-Jul-2008
The parties owned either half of a semi-detached residence. The defendant had undertaken substantial redevelopment works, and the claimant sought damages under the 1996 Act for his failures to follow that Act. The issues had been taken to . .
Lists of cited by and citing cases may be incomplete.

Negligence, Construction, Landlord and Tenant, Land

Updated: 08 June 2022; Ref: scu.189039

Tally Wiejl (UK) Ltd v Pegram Shopfitters Ltd: CA 21 Nov 2003

Judges:

Lord Justice May

Citations:

[2003] EWCA Civ 1750, [2004] 1 All ER 818

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Approved – Macob Civil Engineering Ltd v Morrison Construction Ltd TCC 12-Feb-1999
Once made, an award by an adjudicator under the Scheme was enforceable immediately and should be enforced by writ and application for summary judgment, provided only that the arbitrator had jurisdiction to make the award. It remained payable . .

Cited by:

Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
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 . .
Cited – Carillion Construction Ltd v Devonport Royal Dockyard TCC 26-Apr-2005
Application for leave to appeal against arbitrator’s award in construction dispute.
Held: The appeal was declined. . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 08 June 2022; Ref: scu.188483

Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis: CA 12 Nov 2003

The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to withold payment, but out of time.
Held: The section required the notice to be given with the prescribed period. The risk of the clients making an overpayment to a builder who subsequently became insolvent could be prevented by the issue of appropriate notices. Section 111 was not intended to deal with the final position between the parties.

Judges:

Lord Justice Schiemann Lord Justice Sedley Lord Justice Jacob

Citations:

[2003] EWCA Civ 1563, Times 26-Nov-2003

Links:

Bailii

Statutes:

Housing, Grants (Construction and Regeneration) Act 1996 111

Jurisdiction:

England and Wales

Citing:

Cited – Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate) ScSf 1-Oct-2002
. .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 08 June 2022; Ref: scu.187719

Thomas-Fredric’s (Construction) Ltd v Wilson: CA 21 Oct 2003

The court considered the situation where a defendant to an arbitration award enforcement application now challenged the arbitrator’s jurisdiction.
Held: Simon Brown LJ said: ‘The position can I think be summarised in the following two propositions. (1) If a defendant to a Part 24(2) application has submitted to the adjudicator’s jurisdiction in the full sense of having agreed not only that the adjudicator should rule on the issue of jurisdiction but also that he would then be bound by that ruling, then he is liable to enforcement in the short term, even if the adjudicator was plainly wrong on the issue. (2) Even if the defendant has not submitted to the adjudicator’s jurisdiction in that sense, then he is still liable to a Part 24(2) summary judgment upon the award if the adjudicator’s ruling on the jurisdictional issue was plainly right.’

Judges:

Simon Brown LJ

Citations:

[2003] EWCA Civ 1494

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Aedifice Partnership Ltd v Shah TCC 10-Aug-2010
The defendant challenged the arbitration enforcement saying that there had been no contract and therefore no jurisdiction for the arbitration. . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 08 June 2022; Ref: scu.187581

Simons Construction Limited v Aardvark Developments Limited: TCC 29 Oct 2003

It was implicit in paragraph 19 that a first adjudicator’s jurisdiction nonetheless continued indefinitely until one of the parties invoked paragraph 19(2).

Judges:

His Honour Judge Richard Seymour Q.C

Citations:

[2003] EWHC 2474 (TCC), [2004] BLR 117

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ritchie Brothers (Pwc) Limited v David Philp (Commercials) Limited IHCS 24-Mar-2005
The adjudicator had delivered his decision out of time. The pursuer sought to enforce it. The defender aid that if it was delivered out of time it was void.
Held: The expiry of the time limit deprived the arbitrator of jursidcition to decide . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration, Costs

Updated: 08 June 2022; Ref: scu.187280

Horbury Building Systems Ltd v Hampden Insurance Nv: ComC 9 Sep 2003

The claimant had installed suspended ceilings in a new cinema complex. They took out insurance with the respondents, and now pursued a declaration as to the liability of the defendants under the policy. They had used the wrong washers, leading to a collapse of one ceiling, and a potential collapse of others. They sought to recover costs of re-instating the entire complex.
Held: The particular insurance contract had to be construed. In this case the liability extended to the physical damge which had actually occurred when the ceiling fell in, and any damages at law flowing from that collapse, but not the wider sums claimed.

Judges:

Deputy Judge Ian Glick QC

Citations:

[2003] EWHC 2110 (Comm)

Links:

Bailii

Citing:

Cited – A S Screenprint Ltd v British Reserve Insurance Co Ltd CA 1999
The Plaintiffs were insured under a policy that indemnified them, ‘against all sums which the Insured shall become legally liable to pay in respect of . . loss or damage . . during the period of insurance and caused by goods (including containers) . . .
Cited – Rodan International Limited v Commercial Union CA 1999
The claimants sold bulk soap powder. The packager packed it in defective cardboard which caused it to cake. The buyer sought damages.for breach of contract against Rodan (i) for the difference between the sound value of the powder and its reduced . .

Cited by:

Appeal from – Horbury Building Systems Limited v Hampden Insurance Nv CA 7-Apr-2004
. .
Lists of cited by and citing cases may be incomplete.

Construction, Insurance

Updated: 08 June 2022; Ref: scu.186263

Royal Brompton Hospital National Health Trust v Hammond etc: TCC 8 Jan 1999

Judges:

His Honour Judge John Hicks Qc

Citations:

[1999] EWHC Technology 272, (2000) Lloyd’s Rep 643

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
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 . .
See Also – Royal Brompton Hospital National Health Trust v Hammond and others TCC 9-Dec-1999
. .
See Also – The Royal Brompton Hospital NHS Trust v Hammond and Others TCC 18-Dec-2000
. .
See Also – Royal Brompton Hospital National Health Service Trust v Hammond and others CA 9-Feb-2001
. .
See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5) CA 11-Apr-2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail . .
See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others CA 23-May-2001
. .
Cited – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 08 June 2022; Ref: scu.185891

Boyd and Forrest v Glasgow and South-Western Railway Co: HL 11 Jan 1915

The issuing of an instruction was not a condition precedent to entitlement to payment in a construction contract.

Judges:

Earl Loreburn

Citations:

1915 SC (HL) 20, [1915] UKHL 3, [1915] AC 526, 1915 1 SLT 114

Links:

Bailii

Citing:

At HL (1) – Boyd and Forrest v GWSR Co HL 16-May-1912
The parties had contracted for the construction of an embankment to support a railway track. The pursuers now said that they had been induced to enter the contract by means of fraudulent misrepresentation as to the results of borings at the site. . .
Appeal from – Boyd and Forrest v GWSR Co SCS 7-Mar-1914
The pursuers’ case is that they were led to enter into a contract with the defenders to execute certain works of construction of a railway for a lump sum, and that they were led to tender to do the work for a certain price, by the other party, the . .

Cited by:

Cited – AMEC Mining v Scottish Coal Company SCS 6-Aug-2003
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. . .
Lists of cited by and citing cases may be incomplete.

Construction, Scotland

Updated: 07 June 2022; Ref: scu.185454

Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003

The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure.
Held: The issue of currency was not one of procedure, and should have been settled according to the applicable law, that of Lesotho. Where the law of a different jurisdiction, such as the law of Lesotho, confers a substantive right to interest ex mora, there is no room for any discretionary procedural power. The unpaid party to a contract is entitled as of substantive right to interest from the time when payment is contractually due.

Judges:

Lord Justice Brooke, Lord Justice Latham And Mr Justice Holman

Citations:

[2003] EWCA Civ 1159, Times 15-Sep-2003, Gazette 16-Oct-2003, [2003] BLR 347, [2004] 1 All ER (Comm) 97, [2003] 2 Lloyd’s Rep 497

Links:

Bailii

Statutes:

Arbitration Act 1996, Rules of the International Chamber of Commerce

Jurisdiction:

England and Wales

Citing:

Appeal from – Lesotho Highlands Development Authority v Impreglio SpA and Others QBD 15-Nov-2002
The parties had submitted their dispute to arbitration. The arbitrator had made his award payable in certain currencies. The payer contended that this was in excess of his jurisdiction.
Held: The reference to the arbitrator continued the . .
Cited – In re United Railways of Havana and Regla Warehouses Ltd; Tomkinson v First Pennsylvania Banking and Trust Co HL 1960
A sum was held to be due from that company in US dollars under a lease and another agreement which were both governed by the law of Pennsylvania.
Held: The sum provable in the liquidation of the company was to be converted at the rates of . .
Cited – Jugoslavenska Oceanske Plovidba v Castle Investment Co Inc CA 1974
London arbitrators had made an award for unpaid hire in US dollars, being the currency of the hire contract. An issue arose whether an English court could give leave under the Act to enforce the award in the same manner as a judgment to the same . .
Cited – Miliangos v George Frank (Textiles) Ltd HL 1975
The issue was whether an English court was able to award damages in Sterling only.
Held: The House distinguished clearly between the substance of the debtor’s obligations and the effect of English procedural law when a debt in a foreign . .
Cited – Page v Newman 1829
Under common law ‘the long-established rule that interest is not due on money secured by a written instrument, unless it appears on the face of the instrument that interest was intended to be paid, or unless it be implied from the usage of trade, as . .
Cited – London, Chatham and Dover Railway Co v South Eastern Railway Co HL 1893
The Lord Chancellor was considering the position of a creditor whose debtor refused to exchange accounts as agreed, thus preventing the creditor from quantifying the debt.
Held: The House declined to alter the rule in Page -v- Newman.
Cited – Chandris v Isbrandtsen-Moller Co Inc CA 1950
The court considered whether an arbitrator could award interest in circumstances where section 3 of the 1934 Act expressly conferred such a power on ‘the court’ in proceedings tried in a ‘court of record’.
Held: Although section 3(1) of the . .
Cited – Jefford v Gee CA 4-Mar-1970
The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then . .
Cited – The Trade Fortitude 1986
The purpose of section 19A was to make explicit powers to award interest which had previously rested on implication. . .
Cited – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .

Cited by:

Appealed to – Lesotho Highlands Development Authority v Impreglio SpA and Others QBD 15-Nov-2002
The parties had submitted their dispute to arbitration. The arbitrator had made his award payable in certain currencies. The payer contended that this was in excess of his jurisdiction.
Held: The reference to the arbitrator continued the . .
Appeal from – Lesotho Highlands Development Authority v Impregilo Spa and others HL 30-Jun-2005
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies.
Held: The question remained whether . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Construction

Updated: 07 June 2022; Ref: scu.184926

Boynton and Another v Willers: CA 3 Jul 2003

The appellants challenged a finding that they were liable for their builders’ bill.
Held: Work which had been rejected had not in fact been charged for. The defendant’s appeal on that point failed. The measure of damages for distress and inconvenience could not be said to be wrong. Ezekiel’s case was far more serious. The judge was entitled also to incorporate a set-off of the competing claims and to award costs on an overall basis as an exercise of his discretion. Appeal dismissed.

Judges:

Lord Justice Chadwick Lord Justice Potter Mr Justice Cresswell

Citations:

[2003] EWCA Civ 904

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Distinguished – Ezekiel v McDade CA 1995
As a result of the negligence of their builders, the plaintiffs were rendered homeless persons living in single room council accommodation for a long period. The builder appealed an award of andpound;6,000.
Held: The award should be reduced to . .
Cited – Hanak v Green CA 1958
A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that claim of three of his one claims. One, under the contract, was for losses from the defendant’s refusal to allow his workmen . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 07 June 2022; Ref: scu.184223