Links: Home | swarblaw - law discussions

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: 2000 To: 2000

This page lists 43 cases, and was prepared on 20 May 2019.

 
Griffin v Midas Homes Ltd (2000) 78 Con LR 152
2000

Judge Humphrey LLoyd QC
Arbitration, Construction
In respect of part of their claim in an adjudication, the claimants failed to comply with the requirements of paragraph 1(3) of the statutory scheme for construction contracts which formed an implied term of the contract between the parties. That failure consisted of a lack of clarity in the notice of adjudication. Held: As to that part of the claim, the adjudicator did not have jutisdiction. An adjudicator was held to have had authority to decide some of the questions put before him, but not others. Only the party that sought adjudication was liable for the adjudicator's fees, expenses and costs in so far as they related to the matters which were outside the adjudicator's jurisdiction.
1 Citers


 
Lobb Partnership Limited v Aintree Racecourse Company Limited [2000] 1 Building Law Reports 65
2000

Colman J
Construction, Arbitration
A clause in an agreement provided that disputes might be be dealt with by arbitration but shall otherwise be referred to the English Courts. Held: Each party had a right of election for arbitration. "The English courts have consistently taken the view that, provided that the contract gives a reasonably clear indication that arbitration is envisaged by both parties as a means of dispute resolution, they will treat both parties as bound to refer disputes to arbitration even though the clause is not expressed in mandatory terms."
1 Citers


 
Fastrack Contractors Ltd v Morrison Construction Ltd and Another [2000] EWHC Technology 177; [2000] BLR 168; 75 Con LR 33
4 Jan 2000
TCC

Construction

[ Bailii ]
 
Mark Wilkinson Furniture Limited and Construction Industry Training Board [2000] EWHC Admin 280
12 Jan 2000
Admn

Construction, Employment

1 Cites

1 Citers

[ Bailii ]
 
VHE Construction Plc v RBSTB Trust Co Ltd Unreported, 13 Jan 2000
13 Jan 2000
TCC

Construction
Adjudication - Compliance with adjudicator's decision - Whether compliance enforceable by summary judgment despite assertion of set-off - Whether set-off raised before date for payment under decision.
Housing Grants, Construction and Regeneration Act 1996 111

 
Smith (Administrator of Cosslett (Contractors) Ltd) v Bridgend County Borough Council [2000] EWCA Civ 1
19 Jan 2000
CA

Company, Construction

1 Citers

[ Bailii ]
 
James Scott Limited v Apollo Engineering Limited and others [2000] ScotCS 18
24 Jan 2000
SCS
Lord Johnston
Scotland, Construction

1 Citers

[ Bailii ] - [ ScotC ]
 
Northern Developments (Cumbria) Ltd v J and J Nichol [2000] EWHC Technology 176
24 Jan 2000
TCC

Construction

[ Bailii ]
 
Homer Burgess Ltd v Chirex (Annan) Ltd Times, 25 January 2000; [1999] ScotCS 264
25 Jan 2000
OHCS
163696
Arbitration, Scotland, Construction
Although an adjudicator's decision would normally be binding on the parties pending an appeal, that was not the case where the mistake alleged was as to his jurisdiction. In such cases the decision was reviewable, and was ineffective as a decision under the Act.
Housing Grants Construction and Regeneration Act 1996 108
1 Cites

[ Bailii ] - [ ScotC ]
 
Bellefield Computer Services Limited, Unigate Properties Limited; Unigate Dairies Limited; Unigate (Uk) Limited; Unigate Dairies (Western) Limited v E Turner and Sons Limited [2000] EWHC Admin 284; [2000] BLR 97
28 Jan 2000
Admn
Lord Justice Schiemann, Lord Justice Tuckey And Mr. Justice Wall
Construction, Negligence
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 followed good building practice and the requirements of the Building Regulations, would have constructed, a compartment wall which would have prevented the spread. The fire passed over the top of the wall which was not constructed to good building practice. The claimant appealed a preliminary ruling that damages for part of the loss were unrecoverable as pure economic loss. Held: The claim amounted to a claim for an omission to act. In many circumstanmces it is not possible to draw a satisfactory line between misfeasance and malfeasance. There was no proper reason to differentiate between the original and subsequent owners. The judge had correctly interpreted and applied the law, and the appeal and cross appeal failed.
1 Cites

1 Citers

[ Bailii ]
 
Dew Pitchmastic Plc v Birse Construction Ltd [2000] EWHC Technology 169
2 Feb 2000
TCC

Construction, Litigation Practice

[ Bailii ]
 
F W Cook Ltd v Shimizu (Uk) Ltd [2000] EWHC Technology 152
4 Feb 2000
TCC

Construction, Arbitration
court-service This was an application under Part 24 of the CPR to enforce an adjudicator's decision given pursuant to the TecSA Rules, version 1.2. The defendant had paid what it considered was due. The questions turned on the meaning to be given to the notice of adjudication or letter of referral and to the decision itself (and on whether the decision might have been outside the jurisdiction of the adjudicator). For the reasons that appear from the judgment the application was dismissed.
[ Bailii ]
 
Hilson Moran Partnership v Environment Agency [2000] EWCA Civ 35
9 Feb 2000
CA

Construction

[ Bailii ]

 
 Alfred Mcalpine Construction Limited v Panatown Limited; HL 17-Feb-2000 - Times, 15 August 2000; Gazette, 05 October 2000; [2000] UKHL 43; [2000] 4 All ER 97; [2000] 3 WLR 946; [2001] 1 AC 518
 
Plant Construction Plc v Clive Adams Associates and Another Times, 01 March 2000
1 Mar 2000
CA

Health and Safety, Construction
A sub-contractor obliged under contract to carry out works in a certain way and to a specification set down by the main contractor, remained under a duty to warn that employer of any obvious danger. He was subject to the normal standards of behaving with the skill and care of an ordinarily competent contractor whatever was said in the contract about obeying instructions.


 
 Plant Construction Plc v Clive Adams Associates, JMH Construction Services (2); TCC 31-Mar-2000 - 1996 ORB 750
 
Henry Boot Construction v Alston Combined Cycles [2000] EWCA Civ 99
4 Apr 2000
CA

Construction

[ Bailii ]
 
Royal Brompton Hospital National Health Service Trust v Watkins Gray International (Uk) [2000] EWCA Civ 120
10 Apr 2000
CA

Construction

[ Bailii ]
 
Henry Boot Construction Ltd v GEC Alstom Combiined Cycles Ltd Times, 11 April 2000; Gazette, 28 April 2000
11 Apr 2000
CA

Contract, Construction
A contract in Standard Institute of Civil Engineers conditions provided that variations in materials should be costed for in line with the costings schedules. The fact that the schedules were in error did not mean that they could departed from. A second clause limiting the application to situations where this provided a reasonable effect could not apply unless the prerequisites of the subsequent clause also applied, and the alterations in materials or works were substantial.

 
Herschel Engineering Ltd v Breen Property Ltd [2000] EWHC Technology 178; 70 Con LR 1; [2000] BLR 272
14 Apr 2000
TCC
Dyson J
Construction, Arbitration
"This application raises a short but important issue as to the propriety of a reference to adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 ("the 1996 Act") of a dispute which, at the time of the reference, is already the subject of pending court proceedings. It is contended on behalf of the defendant that in such circumstances it is not open to a party to refer a dispute to adjudication, and that any decision which an adjudicator purports to make should not be enforced by the court. The claimant seeks to obtain summary judgment under Part 24 of the CPR of the sums which the adjudicator decided were due to it. "
[ Bailii ]
 
Pride Valley Foods Ltd v Hall and Partners [2001] 76 Con LR 1; [2000] EWHC Technology 106
4 May 2000
TCC
John Toulmin CMG QC
Negligence, Construction
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
Law Reform (Contributory Negligence) Act 1945
1 Cites

1 Citers

[ Bailii ]
 
Herschel Engineering Ltd v Breen Property Ltd Times, 10 May 2000
10 May 2000
QBD

Arbitration, Local Government, Construction
A decision of an adjudicator given under the section was not final. It was not in the nature of an arbitration and therefore an appeal against the adjudication did lie to the County Court. A court would not normally allow the same issue to be determined both by the arbitrator and a court, but an adjudication could typically be challenged itself by an arbitration, or by a court, or otherwise as by agreement.
Housing Grants Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998 (1988 No 649)

 
Morrow T/a Morrow Charlton Partnership v Vaughan Developments Limited T/a Vaughan Engineering Group [2000] NIEHC 16
7 Jun 2000
NIHC

Northern Ireland, Construction

[ Bailii ]
 
Morrow T/A Morrow Charlton Partnership v Vaughan Developments Limited T/A Vaughan Engineering Group [2000] NIQB 16
7 Jun 2000
QBNI

Northern Ireland, Construction

[ Bailii ]
 
Johnston v W H Brown Construction (Dundee) Ltd Times, 07 June 2000
7 Jun 2000
IHCS

Damages, Construction
The cost of employing an architect to draw up a schedule of defects under a building contract was not recoverable as damages. The rights under this contract required remediation of the defects discovered and listed, and did not envisage other expenses.
1 Cites

1 Citers


 
Postermobile Plc v Kensington and Chelsea Royal London Borough Council Gazette, 08 June 2000
8 Jun 2000
QBD

Planning, Construction
A builder was convicted after having a hoarding erected which announced forthcoming building works, but where such works were not in fact begun within the three month rule. The conviction was upheld, since the regulations were quite clear. The rule was a relaxation, and it was for those taking advantage of that relaxation to bring themselves within it.


 
 Stiell Ltd v Riema Control Systems Ltd; IHCS 28-Jun-2000 - Times, 28 June 2000
 
Co-operative Retail Services Ltd v Taylor Young Partnership, Hoare Lea and Partners (a Firm) and Others [2000] EWCA Civ 207; [2000] BLR 461
4 Jul 2000
CA

Construction, Insurance

1 Cites

1 Citers

[ Bailii ]
 
KNS Industrial Services Ltd v Sindall Ltd [2000] EWHC Technology 75
17 Jul 2000
TCC

Construction

Housing Grants Construction and Regeneration Act 1996
[ Bailii ]

 
 Lafarge Redlands Aggregates Limited (Formerly Redland Aggregates Limited) v Shephard Hill Civil Engineering Limited; HL 27-Jul-2000 - Gazette, 17 August 2000; Times, 11 August 2000; [2000] UKHL 46; [2000] 1 WLR 1621
 
Bouygues (Uk) Ltd v Dahl-Jensen (Uk) Ltd [2000] EWCA Civ 507; [2001] 1 All ER (Comm) 1041; [2001] CLC 927; [2001] 73 Con LR 135; (2001) 3 TCLR 2; [2000] BLR 522; [2001] 1 All ER 1041
31 Jul 2000
CA

Construction

Housing Grants and Reconstruction Act 1996 108
[ Bailii ]
 
Discain Project Services Ltd v Opecrime Development Ltd [2000] BLR 402
1 Aug 2000
TCC
Honour Judge Bowsher QC
Construction, Arbitration
The applicant sought leave to defend the enforcement of an arbitration award. Held: The adjudicator had accepted oral and written communications with one party, from which the other party was excluded. This was such a serious breach of the rules of natural justice, that the court ought not to give summary judgment enforcing the award. Leave to defend given: “the adjudicator has to conduct the proceedings in accordance with the rules of natural justice or as fairly as the limitations imposed by Parliament permit”.
1 Citers


 
ABB Power Construction Ltd v Norwest Holst Engineering Ltd [2000] EWHC Technology 68
1 Aug 2000
TCC

Construction
Court Service Adjudication - Jurisdiction - Contract or contracts for provision of Insulation for Pipework, Boilers etc for a Power Generation project - whether a "Construction Contract" excluded by section 105(2)(c)(ii) of the Part II of the Housing etc Act 1996 (yes) - Whether "site" in same paragraph had to be existing or future generation activity (no).
[ Bailii ]
 
Stent Foundations Ltd v M J Gleeson Group Plc [2000] EWHC Technology 66
9 Aug 2000
TCC

Consumer, Contract, Construction
The defendant company sought to rely upon an exemption clause. Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the defendants claim for exemption failed. The clause did not satisfy the first two tests set down in the Canada Steamship case, and the controversial third test could be ignored.
Unfair Contract Terms Act 1977
1 Cites

[ Bailii ]
 
Whiteways Contractors (Sussex) Ltd v Impresa Castelli Construction Ltd [2000] EWHC Technology 67
9 Aug 2000
TCC

Construction
Application for summary judgment in application to enforce arbitration award under the Act.
Housing Grants, Construction and Regeneration Act 1996
[ Bailii ]
 
Manchester and District Housing Association v Fearnley Construction Ltd (In Voluntary Liquidation) and Another Gazette, 17 August 2000
17 Aug 2000
ChD

Construction, Land
The defendant builder contracted to build on and then convey the land and building to the claimant. The builder charged the land, but failed to complete the building, and went into liquidation. The claimant sought specific performance with a reduction of the purchase price reflecting the breach. The builder asserted that the obligation to sell only arose on the completion of the building. It was held that the claimant was entitled to the land, since the builder could not rely upon his own fault. Any conditionality was gone once the building work began.

 
Bouygues (Uk) Ltd v Dahl-Jensen (Uk) Ltd (In Liquidation) Times, 17 August 2000; Gazette, 14 September 2000; [2000] BLR 522
17 Aug 2000
CA
Chadwick LJ
Construction, Arbitration, Commercial, Insolvency
When the decision of an adjudicator was challenged, the court should ask whether the adjudicator had either asked the right question but in the wrong way, or whether he had even answered the wrong question. The procedure was intended to provide a quick and summary disposal, but that procedure might not be appropriate in cases involving insolvency of one party and or cross claims. Any creditor who owes a debt to an insolvent company, no matter how long overdue, may set off that debt in full against his own claim in the liquidation.
Housing Grants Construction and Regeneration Act 1996 108
1 Cites

1 Citers


 
Mark Wilkinson Furniture Ltd v Construction Industry Training Board Times, 10 October 2000
10 Oct 2000
QBD

Land, Construction, Employment
The operation of installing kitchens could amount to work altering a building. Accordingly firms carrying out such installations were liable to pay a levy as a contribution to the industry's training scheme. Although in many cases fittings might only be attached to buildings by screws, the fittings were intended to alter the character of a building, and counted as such.
Industrial Training Levy (Construction Board) Order 1999 159
1 Cites

1 Citers


 
Jones v Tower Hamlets London Borough Council and Another Gazette, 26 October 2000; Times, 14 November 2000
26 Oct 2000
ChD

Intellectual Property, Construction
The architect drew plans for buildings on a development completion of which was taken over by the council. The architect claimed breach of copyright in his plans. The expression of design ideas in an architectural drawing was capable of protection by copyright. An architect might see the plans drawn by another, absorb some of the ideas, and then re-express the ideas in his own way. He may not copy them. The line between them is a fine one. Was the new design a copy of the style or idea or of the expression of the style or idea. One is acceptable, the other is not. The degree of similarity, and method of preparation of the second article were important.
Copyright Designs and Patents Act 1988

 
Baxall Securities Ltd Norbain SDC Ltd v Sheard Walshaw Partnership [2001] BLR 36; [2000] EWHC Technology 53
30 Oct 2000
TCC
Bowsher QC J
Professional Negligence, Construction

1 Citers

[ Bailii ]
 
Aurum Investments Ltd v Avonforce Ltd (In Liquidation) [2000] EWHC 184 (TCC); (2001) 17 Const LJ 322
6 Dec 2000
TCC

Construction

[ Bailii ]
 
Abb Zantingh Ltd v Zedal Building Services Ltd [2000] EWHC Technology 40
12 Dec 2000
TCC

Construction

[ Bailii ]

 
 The Royal Brompton Hospital NHS Trust v Hammond and Others; TCC 18-Dec-2000 - 1993-ORB-No 46; [2000] EWHC Technology 39
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.