swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Construction - From: 1998 To: 1998
This page lists 25 cases, and was prepared on 20 May 2019.
Alfred Mcalpine Construction Limited v Panatown Limited Times, 11 February 1998; [1998] EWCA Civ 154; [1998] EWCA Civ 453; [1998] EWCA Civ 454
5 Feb 1998
CA
Construction, Damages
A main contractor was entitled to recover proper, and substantial damages, from a sub-contractor, who was in breach of the contract even though he was not the land owner.
[ Bailii ] - [ Bailii ] - [ Bailii ]
George Fisher Holding Limited v Multi Design Consultants Limited, Roofdec Limited, Severfield-Reeve Plc and Others [1998] EWHC QB 341
10 Feb 1998
QBD
Construction
1 Citers
[ Bailii ]
Havant Borough Council v South Coast Shipping Company Limited [1998] EWCA Civ 261
17 Feb 1998
CA
Construction
[ Bailii ]
Norwest Holst Construction Ltd v Co-Operative Wholesale Society Ltd [1998] EWHC Technology 339
17 Feb 1998
TCC
Arbitration, Construction
[ Bailii ]
Kingston Upon Hull City Council v Bogdal; CA 24-Feb-1998 - [1998] EWCA Civ 331
Beaufort Developments (NI) Limited v Gilbert-Ash NI Limited and Others; HL 26-Feb-1998 - Gazette, 17 June 1998; Times, 08 June 1998; [1998] 2 WLR 860; [1998] UKHL 19; [1999] 1 AC 266; [1998] 2 All ER 778
P C Harrington Contractors Ltd v Co Partnership Developments Ltd; CA 2-Apr-1998 - Times, 30 April 1998; [1998] EWCA Civ 606; [1998] EWCA Civ 605
George Fisher Holding Limited v Multi Design Consultants Limited, Roofdec Limited, Severfield-Reeve Pl, and Others [1998] EWHC Technology 329
6 Apr 1998
TCC
Construction
1 Cites
[ Bailii ]
JFS (UK) Limited v South West Water Services Limited [1998] EWHC Technology 327
22 Apr 1998
TCC
Construction
1 Cites
1 Citers
[ Bailii ]
Tunnel Refineries Ltd v Bryan Donkin Company Ltd, Alsthom SA, GEC Alsthom Electromechanique SA Imphy SA, Apv Services Ltd, Foundry Imphy Ltd v Recorder [1998] EWHC Technology 322
8 May 1998
TCC
Construction, Damages
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.
[ Bailii ]
Cegelec Projects Ltd v Pirelli Construction Company Ltd [1998] EWHC Technology 319
21 May 1998
TCC
Construction, Contract
Incorporation of terms of sub contract in head contract.
[ Bailii ]
Guaranteed Ashphalt (London) Limited (In Administrative Receivership) v Taylor Woodrow Construction Limited [1998] EWHC Technology 317
5 Jun 1998
TCC
Construction
[ Bailii ]
Michael Anthony Clarke; Stephen Clarke (Trading As T Clarke and Sons) v Barry Stephen Winsley [1998] EWCA Civ 927
8 Jun 1998
CA
Construction
[ Bailii ]
Ernest Edward Thatcher v Bryant Homes Central Limited [1998] EWCA Civ 947
10 Jun 1998
CA
Agency, Construction
[ Bailii ]
Thatcher v Bryant Homes Central Limited; CA 10-Jun-1998 - [1998] EWCA Civ 948
Havant Borough Council v South Coast Shipping Company Limited [1998] EWCA Civ 1205
14 Jul 1998
CA
Construction
[ Bailii ]
Thames Water Utilities v King and Another [1998] EWCA Civ 1283
23 Jul 1998
CA
Vicarious Liability, Construction
Damage caused by independent contractor.
[ Bailii ]
Ballast Wiltshier Plc (Formerly Ballast Nedham Construction Limited) v Thomas Barnes and Sons [1998] EWHC Technology 306
29 Jul 1998
TCC
Construction, Arbitration
[ Bailii ]
Scotland and Another v Solomon and Another [1998] EWCA Civ 1355
30 Jul 1998
CA
Beldam LJ, Buxton LJ
Construction
[ Bailii ]
W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc [1998] EWHC Technology 304
31 Jul 1998
TCC
Judge Hicks QC
Construction, Evidence, Damages
Contractors built a petrol station, and sub-contractors the underground piping. Leaks developed, and it was agreed to complete repairs, and apportion financial repairs through the court proceedings. In a case where a judge found it difficult to apportion blame, he could return to rely upon the question of onus. The parties had not alleged contributory negligence, and no apportionment could be made under the Act. There had been no sufficient agreement as to apportionment to prevent the judge reading it as necessary to give it business sense. Where there was multiple causation of damage, it was appropriate to distribute responsibility accordingly.
Court Service The Plaintiff, as sub-contractor to the Defendant, installed the pipework for a petrol filling station. The Defendant was responsible for the concrete supporting and surrounding the pipework. The pipework developed leaks and had to be replaced. The parties had agreed that the replacement works be carried out, reserving their positions as to the expense, for which each sought to make the other liable. The current trial was of liability only. In substance the only issue was whether the pipes failed because of faulty workmanship by the Plaintiff or because of the acts or omissions of the Defendant. Held: (i) the failure was caused equally by the defaults of the Plaintiff and the Defendant; (ii) there was no rule of law which prevented effect from being given to that finding; (iii) the Defendant should pay one third of the Plaintiff's costs of the trial.
Civil Liability (Contributions) Act 1978
1 Cites
[ Bailii ]
L P Flynn v Mr and Mrs J W Smith [1998] EWCA Civ 1480
5 Oct 1998
CA
Construction
Application for extension of time and leave to appeal.
[ Bailii ]
Leung v Leung and Li [1998] EWCA Civ 1500
7 Oct 1998
CA
Construction
[ Bailii ]
Edith R Thorogood v Egerton Homes Southern Limited [1998] EWCA Civ 1578
21 Oct 1998
CA
Construction
[ Bailii ]
British Telecommunications plc v James Thomson and Sons (Engineers) Ltd; HL 29-Oct-1998 - Times, 11 December 1998; Gazette, 27 January 1999; [1998] UKHL 46
Pozzolanic Lytag Ltd v Bryan Hobson Associates Times, 03 December 1998
3 Dec 1998
QBD
Construction
A project manager had a duty to ensure that all relevant and normal insurances were in place as the building project got under way, including professional negligence insurance of architects and designers.