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: 2001 To: 2001
This page lists 43 cases, and was prepared on 20 May 2019.
Zielinski Baker and Partners Ltd v Commissioners of Customs and Excise [2001] STC 585
2001
Etherton J
VAT, Construction
"Note (1)(a) of Group 6 provides that an essential feature of a protected building is that it is a listed building 'within the meaning of' the 1990 Act. A listed building 'within the meaning of' the 1990 Act is a building which falls within the extended definition in section 1(5) of the 1990 Act."
Value Added Tax Act 1994 Sch 8 Grp 6 - Planning (Listed Buildings and Conservation Areas) Act 1990 1(5)
1 Citers
Tameside Metropolitan Borough Council v Barlow Securities Group Services Limited [2001] EWCA Civ 1; 5 Con LR 112; [2001] BLR 113
15 Jan 2001
CA
Potter, Henry LJJ, Wall J
Construction
[ Bailii ]
J Jarvis and Sons Ltd v Castle Wharf Developments Ltd, Gleeds Management Services Ltd, Franklin Ellis Architects Ltd [2001] EWCA Civ 19; [2001] Lloyds Rep PN 308; (2001) 17 Const LJ 430; [2001] NPC 15
19 Jan 2001
CA
Peter Gibson, Arden LJJ, Collins J
Construction, Professional Negligence, Agency
[ Bailii ]
Grundy and Another v Naqvi [2001] EWCA Civ 139
1 Feb 2001
CA
Simon Brown J VP, Longmore LJ
Construction
Application for leave to appeal.
[ Bailii ]
Royal Brompton Hospital National Health Service Trust v Hammond and others [2001] EWCA Civ 206
9 Feb 2001
CA
Construction
1 Cites
1 Citers
[ Bailii ]
Glencot Development and Design Ltd v Ben Barrett and Son (Contractors) Ltd [2001] EWHC Technology 15; [2001] BLR 207
13 Feb 2001
TCC
Construction
1 Citers
[ Bailii ]
Thomas Combe Rankin v Wilson Terris and Co, SSC, and others [2001] ScotCS 41
16 Feb 2001
SCS
Construction
[ Bailii ]
Brown (T/A All Kent and Sussex Tarmacadam) v W J Burke Ltd [2001] EWCA Civ 429
2 Mar 2001
CA
Construction
[ Bailii ]
Staveley Industries Plc (T/A Ei Whs) v Odebrecht Oil and Gas Services Ltd Gazette, 08 March 2001
8 Mar 2001
TCC
Contract, Construction, Arbitration
Contracts were entered into to design, engineer and supply equipment for installation on oil and gas rigs. The contractor sought to assert that these were contracts governed by the Act, and the provisions for dispute resolution applied. The court held that the act suggested that the construction was to take place on 'the Land' and that there was no intention to include offshore installations within the Act.
Interpretation Act 1978 - Housing Grants Construction and Regeneration Act 1996
Scottish and Newcastle Plc v G D Construction (St Albans) Ltd [2001] EWHC Technology 444
29 Mar 2001
TCC
udge Richard Seymour Q.C.
Construction, Contract
The defendant contracted to refurbish premises belonging to the claimant. A fire caused by a sub-contractor caused damage, and the cost was sought from the defendant. He claimed that the standard form contract excluded its liability, including damages for interruption of business. The contract required the employer to take out joint names insurance in respect of such risks, but did that obligation include an obligation to insure against business interruption. Where a party sought to be excused from his own negligence under the contract, he should show some consideration for that excuse. The reference to damage did not include damages for interruption to business, and the defendant was not excused liability.
1 Cites
[ Bailii ]
Lorde (Administratrix of the Estate of Desmond Cave, Deceased) v The Transport Board [2001] UKPC 14; No 27 of 2000
29 Mar 2001
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Millett. Dame Sian Elias
Commonwealth, Construction
(Barbados) The parties had contracted to construct a restaurant. It was claimed that a condition of the contract requiring approval of planning conditions imposed was not fulfilled. Held: When the contract had been made, the clause was intended to protect the land-owner in case the authority imposed unacceptable conditions. It imposed a five day limit. There was nothing in the contract to suggest any other reading, and therefore the limit was strict. The approval could not be said to have been unreasonably withheld.
1 Cites
[ Bailii ] - [ PC ]
Scottish and Newcastle Plc v G.D. Construction (St Albans) Ltd [2001] EWHC Technology 444
29 Mar 2001
TCC
Construction
[ Bailii ]
Alfred Mcalpine Construction Limited v Panatown Limited [2001] EWCA Civ 485; 76 Con LR 224
5 Apr 2001
CA
Construction
[ Bailii ]
Discain Project Services Ltd v Opecrime Development Ltd [2001] EWHC Technology 435
11 Apr 2001
TCC
Bowsher J QC
Construction, Arbitration
Housing Grants Construction and Regeneration Act, 1996 108
1 Cites
1 Citers
[ Bailii ]
The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5); CA 11-Apr-2001 - Times, 11 May 2001; Gazette, 07 June 2001; [2001] EWCA Civ 550; [2001] BLR 297; [2001] Lloyd's Rep PN 526
Discain Project Services Ltd v Opecrime Development Ltd [2001] EWHC Technology 435
11 Apr 2001
TCC
His Honour Judge Richard Seymour QC
Construction, Contract
1 Cites
1 Citers
[ Bailii ]
Austin Hall Building Ltd v Buckland Securities Ltd [2001] EWHC Technology 434
11 Apr 2001
TCC
Construction
[ Bailii ]
Turp and Another v Mills [2001] EWCA Civ 643
24 Apr 2001
CA
Mummery LJ
Construction
Application for permission to appeal
[ Bailii ]
Alstom Combined Cycles Ltd v Henry Boot Plc [2001] EWHC Technology 428
1 May 2001
TCC
Construction
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
QPS Consultants Ltd v Kruger Tissue (Manufacturing) Ltd [2001] EWCA Civ 785
9 May 2001
CA
Construction
[ Bailii ]
The Royal Brompton Hospital National Health Service Trust v Hammond and Others [2001] CA Civ 778
23 May 2001
CA
Construction
1 Cites
1 Citers
[ Bailii ]
Fletcher v John and Another [2001] EWCA Civ 907
8 Jun 2001
CA
Peter Gibson LJ
Construction
[ Bailii ]
Ballast Plc v The Burrell Company (Construction Management) Limited; SCS 21-Jun-2001 - Times, 09 October 2001; [2001] ScotCS 159
Carillion Construction Limited (T/A Crown House Engineering) v Ballast Plc [2001] EWCA Civ 1098
12 Jul 2001
CA
Construction
[ Bailii ]
Bay Hotel and Resort Limited and Zurich Indemnity Company of Canada v Cavalier Construction Co Ltd and Cavalier Construction Co Ltd [2001] UKPC 34; Appeal No 32 0f 2000
16 Jul 2001
PC
Lord Nicholls of Birkenhead, Lord Cooke of Thorndon, Lord Clyde, Lord Hutton, Lord Millett
Arbitration, Construction, Contract, Jurisdiction, Commonwealth
(Turks and Caicos Islands) A dispute after a construction contract was under standard terms according to the laws of Turks and Caicos islands. Two issues were appealed. What was a 'reasoned award' within the scheme, and whether the arbitrator could himself add a party to the arbitration. The substantive rather than procedural law of the country where the arbitration was carried out need not be that of the contract. The dispute properly fell to be arbitrated under the standard AAA terms, which provided that both the procedural and jurisdictional law to be applied would be that of the Islands. Though the award was insufficiently detailed to constitute a reasoned decision in English law, the evidence was that it would satisfy the requirements of the law under which it was issued. The clause regarding joinder was one restricting a power which must be derived elsewhere. There was no such power in this case, and the arbitrator was unable to join the other company without the consent of the other parties to the dispute.
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
James Longley and Company Ltd v Forest Giles Ltd [2001] EWCA Civ 1242; [2002] 1 Lloyd's Rep IR 421
18 Jul 2001
CA
Potter LJ
Insurance, Construction
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."
1 Citers
[ Bailii ]
Cooke v Haynes-Mcmanus [2001] EWCA Civ 1395
24 Jul 2001
CA
Construction
[ Bailii ]
King and Another v Technology Piling Ltd and others [2001] EWCA Civ 1369
25 Jul 2001
CA
Dyson LJ, Astill J
Construction, Negligence
Claimant's renewed application for leave to appeal.
[ Bailii ]
West Devon Borough Council v Commissioners of Customs and Excise Gazette, 04 October 2001
31 Jul 2001
ChD
Patten J
VAT, Construction, Local Government
The local authority had reclaimed input tax against invoices it received from builders. They were disallowed because the building constructed was an exempt supply. Although the section allowed the authority to set off VAT against invoices for supplies not made for any business of the taxpayer. The arrangements suggested that they had acted on terms applicable to traders generally rather than any special situation applicable to local authorities, which was the purpose of the section as it derived from the Directive.
Value Added Tax Act 1994 33
Scottish Equitable Plc v Miller Construction Ltd [2001] ScotCS 214; [2001] ScotHC 96
31 Aug 2001
IHCS
Lord Prosser, Lord Milligan, Lord Kingarth
Scotland, Construction, Limitation, Arbitration
The parties entered into a contract for the demolition and building of offices. They sought to refer differences to arbitration. The issue as to whether the long or short prescription period operated so as to time bar some parts of the claim. Held: Time began to run only from the time of the issue of the final certificate, and accordingly claims which might have been asserted at earlier times in the execution of the contract were not time barred.
Administration of Justice (Scotland) Act 1972 3 - Prescription and Limitation (Scotland) Act 1973 6, Sch 1 - Scottish Building Contract (with Quantities) January 1988
[ Bailii ] - [ Bailii ] - [ ScotC ]
Lebreh Limited and Finbrook Investments Limited v Laganside Corporation [2001] NIEHC 64
7 Sep 2001
NIHC
Northern Ireland, Landlord and Tenant, Construction
The tenant sought declarations that the landlord had unreasonably withheld its consent to merger of two leases, and works of alteration. The leases related to a building development. The landlord sought a premium for the consent. There is no statutory provision applying to the consents required in this case. It is established that the landlord should not use the withholding of consent to achieve a collateral advantage. The landlord established a commercial detriment from the proposed development, and accordingly the declaration was refused.
Conveyancing Act and the Property Act 1892 - Business Tenancies (Northern Ireland) Order 1996
[ Bailii ]
Orkney Islands Council for Suspension and Interdict [2001] ScotHC 105
21 Sep 2001
ScHC
Scotland, Construction, Arbitration
A contract for works contained an arbitration clause, which, following a dispute was invoked. The council sought an interdict against the appointment of an arbiter on the grounds that any dispute was now time barred, and that the dispute was not of a nature to found a reference. The defenders said there had been an interruption of the running of time in the dispute. The arbiter could himself decide if the dispute was time barred, and also whether there was a dispute capable of arbitration. Interim interdict refused.
Prescription and Limitation (Scotland) Act 1973 6
[ Bailii ]
Actionstrength Limited v International Glass Engineering, In Gl En S P A , Saint-Gobain Glass UK Limited [2001] EWCA Civ 1477; [2002] 1 WLR 566
10 Oct 2001
CA
Lord Justice Simon Brown, Lord Justice Peter Gibson and Lord Justice Tucke
Contract, Construction, Estoppel
The claimant sought payment for works undertaken. They had been given a promise that in return for not withdrawing their workforce from the site, the second defendants would redirect payments due to the first defendant to the claimant. When it came to it, they asserted that that agreement was void under the Act since it was not evidenced in writing. At this stage the issue was whether the agreement was a guarantee or an agreement accepting a primary obligation. They answered that since the liability was contingent upon non-payment it was not a primary obligation. Held In these cases the court must look to the substance more than the form. The agreement fell within the act, and no estoppel arose.
Statute of Frauds 1677 4
1 Cites
1 Citers
[ Bailii ]
Cooke (T/A D J Cooke and Co) v Mcmanus [2001] EWCA Civ 1731
6 Nov 2001
CA
Construction
[ Bailii ]
Stace and Francis Ltd v Ashby and Another [2001] EWCA Civ 1655
8 Nov 2001
CA
Construction
[ Bailii ]
Smith (Administrator of Cosslett (Contractors) Limited) v Bridgend County Borough Council; In re Cosslett (Contractors) Ltd; HL 8-Nov-2001 - [2001] UKHL 58; [2002] 1 AC 336; 80 Con LR 172; [2001] 3 WLR 1347; [2002] 1 All ER 292; [2002] 1 BCLC 77; [2002] TCLR 7; [2001] BCC 740; [2002] BLR 160; [2001] NPC 161
United Building and Plumbing Contractors v Kajla [2001] EWCA Civ 1740
15 Nov 2001
CA
Henry LJ
Construction
[ Bailii ]
Gibbon Equipment Hire Limited v Construction Industry Training Board [2001] EWHC Admin 954
23 Nov 2001
Admn
Employment, Construction
[ Bailii ]
Carnell v Middleton and Another [2001] EWCA Civ 1878
27 Nov 2001
CA
Waller LJ
Construction, Contract
Application for leave to appeal - construction contract dispute.
[ Bailii ]
Shyam Jewellers Limited v M Cheeseman; CA 29-Nov-2001 - [2001] EWCA Civ 1818
Customs and Excise v Yarburgh Children's Trust [2001] EWHC 2201 (Ch); [2002] STC 207
29 Nov 2001
ChD
Patten J
VAT, Construction
[ Bailii ]
Discain Project Services Ltd v Opecprime Developments Ltd (2) [2001] EWHC Technology 450
11 Dec 2001
TCC
Judge Richard Seymour Q.C.
Construction, Contract
This was a dispute between contractors. D had been engaged to install balconies on flats constructed by O. Targets were set, but there were difficulties in obtaining supplies. Continued negotiations confused the situation. Eventually the contract was not completed. D sued for payment and O for damages. Held: The initial documentation did not create a contract, but what was then created was later varied.
1 Cites
[ Bailii ]
Discain Project Services Limited v Opecprime Developments Limited [2001] EWHC Technology 450
11 Dec 2001
TCC
Judge Richard Seymour Q.C.
Construction, Arbitration
1 Cites
1 Citers
[ Bailii ]
