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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: 2003 To: 2003

This page lists 64 cases, and was prepared on 20 May 2019.

 
Lovell Projects Ltd v Legg and Carver [2003] BLR 452
2003

Judge Moseley QC
Construction, Consumer
The court was asked whether the regulations applied to a construction contract.
Unfair Terms in Consumer Contracts 1992
1 Citers


 
Yorke v Katra [2003] EWCA Civ 42
16 Jan 2003
CA

Construction, Litigation Practice

[ Bailii ]
 
Ferson Contractors Limited v Levolux A T Limited [2003] EWCA Civ 11; [2003] 86 Con LR 98
22 Jan 2003
CA
Lord Justice Ward Lord Justice Mantell Mr Justice Longmore
Construction

1 Cites

1 Citers

[ Bailii ]
 
Scottish and Newcastle plc v GD Construction (St Albans) Ltd Times, 28 January 2003; Gazette, 20 March 2003; [2003] EWCA Civ 16
22 Jan 2003
CA
Ward, Longmore LJJ, Aikens J
Insurance, Construction
The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued. Held: The judge should have concluded that the effect of the contract was that the parties had agreed to exclude liability for negligence. The employer had an explicit obligation to insure in joint names and without subrogation, as part of an agreement allocating risks under the contract
1 Cites

[ Bailii ]
 
G D Construction (St Albans) Ltd v Scottish and Newcastle Plc [2003] EWCA Civ 16
22 Jan 2003
CA

Construction

[ Bailii ]
 
Costain Ltd v Wescol Steel Ltd [2003] EWHC 312 (TCC)
24 Jan 2003
TCC

Construction, Arbitration

[ Bailii ]
 
Bovis Lend Lease Ltd v RD Fire Protection Ltd [2003] EWHC 939 (TCC)
6 Feb 2003
TCC
Thornton QC HHJ
Construction, Contract

[ Bailii ]
 
BHP Billiton Petroleum Ltd and others v Dalmine Spa [2003] EWCA Civ 170; [2003] BLR 271
19 Feb 2003
CA
Lord Justice Kay Lord Justice Aldous Lord Justice Rix
Construction

[ Bailii ]
 
Sahib Foods Limited and Co-operative Insurance Society Limited v Paskin Kyriakides Sands (A Firm) [2003] EWHC 142 (TCC)
3 Mar 2003
TCC
His Honour Judge Bowsher Q.C.
Professional Negligence, Construction, Damages
The claimants were lessees of premises, and the second claimants had contracted to purchase it. The premises burned down, and the claimants sought damages from the architect respondents. The fire began because of negligence by the claimant's employee in a preparation area after leaving a gas fire burning. Held: The defendants had failed in their design to provide proper safeguards. Damages were to be assessed by first assessing the total loss to Sahib (both physical and consequential in terms of trading loss), and then deducting the total of what would have been lost (both physical and consequential) if the fire had been contained but for the design fault.
1 Cites

1 Citers

[ Bailii ]
 
Cantrell (T/A Foxearth Lodge) v Commissioners of Customs and Excise [2003] EWHC 404 (Ch)
6 Mar 2003
ChD

VAT, Construction
Whether the goods and services supplied to the appellants in the course of the construction of buildings on their property at Woodbridge, Suffolk are zero-rated. The Tribunal held that they were not.
[ Bailii ]
 
Cantrell (T/A Foxearth Lodge) v Commissioners Of Customs and Excise [2003] EWHC 404 (Ch)
6 Mar 2003
ChD
The Vice-Chancellor
VAT, Construction
Exemption was sought from liability for VAT on a new building erected at the taxpayer's nursing home.
VAT Act 1994
[ Bailii ]
 
Afzal v Chubb Guarding Services [2003] EWHC 83 (TCC)
13 Mar 2003
TCC

Construction, Arbitration

Housing, Grants, Construction and Regeneration Act 1996 108(1)
[ Bailii ]
 
R Durtnell and Sons Ltd v Kaduna Ltd [2003] EWHC 517 (TCC)
19 Mar 2003
TCC

Construction

[ Bailii ]
 
Twintec Limited v GSE Building and Civil Engineering Limited [2003] EWHC 142 (TCC)
24 Mar 2003
TCC
Her Honour Judge Frances Kirkham
Construction

[ Bailii ]
 
Twintec Ltd v GSE Building and Civil Engineering Ltd [2003] EWHC 605 (TCC)
24 Mar 2003
CA

Construction

[ Bailii ]
 
Trustees Harbours Peterhead v Lilley Construction [2003] ScotCS 91; Times, 24 April 2003
1 Apr 2003
SCS

Scotland, Construction, Arbitration
The parties had a dispute which was referred to adjudication and had been adjudicated, and could not be referred again. Further disputes arose, and the pursuers issued proceedings. The defenders requested that it be refferd to arbitration, and the pursuers said that under the contract and regulations, once a case had gone to adjudication, it could not later be referred to arbitration. Held: The adjudication reference did not prevent a later arbitration. The regulation explicitly envisaged the adjudication preventing an arbitration if it had settled all matters of dispute.
Housing Grants, Construction and Regeneration Act 1996 108(4) - Construction Contracts (Scotland) Regulations 1998 (SI 1998 No 647)
[ Bailii ]
 
Avril Alderson, Hilda Alderson v Beetham Organisation Limited [2003] EWCA Civ 408; Times, 19 April 2003; Gazette, 12 June 2003
2 Apr 2003
CA
Lord Justice Aldous Lord Justice Judge Lord Justice Longmore
Construction, Limitation
The claimants appealed rejection of their claim as out of time under the Act. The property was constructed in 1994, but came to suffer from damp. They were advised of the defect and possible action in 1995, but failed to begin proceedings until 2001. The claimant said the limitation period began when remedial works failed. Held: Section 1 imposes a duty of care upon builders of dwellings. 1(5) sets a limitation period of 6 years, but contains a proviso where work is done after completion "to rectify the work … already done". Parliament intended that there should be a fresh cause of action for breach of the duty to provide a dwelling fit for habitation when the further work did not rectify the original work as intended. The appeal was allowed.
Defective Premises Act 1972 1(5)
1 Cites

[ Bailii ]
 
Commissioners of Customs and Excise v Blom-Cooper Times, 15 May 2003; Gazette, 12 June 2003; [2003] EWCA Civ 493; [2003] STC 669
4 Apr 2003
CA
Potter, Chadwick LJJ, Black J
VAT, Construction
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 building. If separate parts could be buildings, no part would satisfy the definition of a building designed as a building. Appeal dismissed.
Value Added Tax Act 1994 35(1D) SCh8 Grp 5 Note 2
1 Citers

[ Bailii ]
 
Embankment Place Hotels (Blackfriars) Ltd v Blackfriars Hotels Ltd and Another [2003] EWCA Civ 588
10 Apr 2003
CA

Contract, Construction

[ Bailii ]
 
Celtic Contractors Ltd v Infinite Environmental Services Ltd and Another [2003] EWCA Civ 722
15 Apr 2003
CA

Construction

[ Bailii ]
 
Bride Hall Estates Ltd and another v St George North London Ltd Gazette, 22 June 2003
30 Apr 2003
ChD
Mr John McDonnell QC
Construction, Contract
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.
1 Cites

1 Citers


 
Comsite Projects Limited v Andritz Ag [2003] EWHC 958 (TCC)
30 Apr 2003
ChD
Her Honour Judge Frances Kirkham
Construction

[ Bailii ]
 
Butler and Young Ltd v Bedford Borough Council [2003] EWHC 1289 (Admin)
20 May 2003
Admn

Local Government, Construction

Building Act 1984 55(1)
[ Bailii ]
 
Orange EBS Ltd v ABB Ltd [2003] EWHC 1187 (TCC)
22 May 2003
TCC
Her Honour Judge Frances Kirkham
Construction, Arbitration

Housing Grants Construction and Regeneration Act 1996
[ Bailii ]
 
Shimizu Europe Ltd v LBJ Fabrications Ltd [2003] EWHC 1229 (TCC)
29 May 2003
TCC
Her Honour Judge Frances Kirkham
Construction

[ Bailii ]
 
The National Trust Thames and Chilterns Region v Charles Mates T/A Ccw Mates Stone Restoration, Ajap Contracting Limited, Grace Construction Products Limited [2003] EWHC 1209 (TCC)
4 Jun 2003
QBD
His Honour Judge Bowsher Q.C.
Construction

[ Bailii ]
 
Yorke v Katra [2003] EWCA Civ 867
9 Jun 2003
CA

Construction

[ Bailii ]
 
Bracken and Another v Billinghurst [2003] EWHC 1333 (TCC); [2003] CILL 2039; [2004] TCLR 4
10 Jun 2003
TCC
Wilcox J
Construction, Arbitration
The claimants claimed the sum due under an adjudication award of £43,984.66. The claimants had originallyy told the defendant they would take £6,000 in settlement of the award. They were sent a cheque for £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.
1 Cites

[ Bailii ]
 
RSL (South West) Ltd v Stansell Ltd [2003] EWHC 1390 (TCC)
16 Jun 2003
TCC

Construction, Arbitration

[ Bailii ]
 
John Mowlem Construction Plc v Neil Jones and Co. Solicitors (A Firm) [2003] EWHC 1477 (TCC)
23 Jun 2003
TCC
Wilcox J
Professional Negligence, Construction

[ Bailii ]
 
Hurst Stores and Interiors Ltd v M L Europe Property Ltd [2003] EWHC 1650 (TCC)
25 Jun 2003
TCC

Construction

[ Bailii ]
 
Mabey and Johnson Limited v Ecclesiastical Insurance Office Plc and others [2003] EWHC 1523 (Comm)
27 Jun 2003
QBD
The Hon Mr Justice Morrison
Construction

[ Bailii ]
 
Tesco Stores Limited v Costain Construction Limited, Costain Limited, Peter Hing and Jones (A Firm), Vale (Uk) Limited, Whitelight Industries Limited [2003] EWHC 1487 (TCC)
2 Jul 2003
QBD
His Honour Judge Richard Seymour Q.C
Construction

[ Bailii ]
 
Boynton and Another v Willers [2003] EWCA Civ 904
3 Jul 2003
CA
Lord Justice Chadwick Lord Justice Potter Mr Justice Cresswell
Construction
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.
1 Cites

[ Bailii ]
 
Hadley Design Associates Limited v the Lord Mayor and Citizens of the City of Westminster [2003] EWHC 1617 (TCC)
9 Jul 2003
TCC
His Honour Judge Richard Seymour Q.C
Construction

[ Bailii ]
 
Northern and Shell Plc v John Laing Construction Ltd [2003] EWCA Civ 1035
16 Jul 2003
CA

Construction, Limitation

[ Bailii ]
 
Stephen Donald Architects Limited v King [2003] EWHC 1867 (TCC)
30 Jul 2003
TCC
His Honour Judge Richard Seymour Q.C
Construction, Contract

[ Bailii ]
 
Johnson Control Systems Ltd v Techni-Track Europa Ltd (In Administrative Receivership) [2003] EWCA Civ 1126
30 Jul 2003
CA
Lady Justice Hale Lord Justice Laws Lord Justice Mantell
Construction, Insolvency

[ Bailii ]
 
Cantrell and Another v Wright and Fuller Ltd [2003] EWHC 1545 (TCC); [2003] BLR 412; 91 Con LR 97
30 Jul 2003
TCC

Construction

[ Bailii ]
 
Devoran Joinery Company Ltd v Perkins [2003] EWCA Civ 1241
30 Jul 2003
CA

Contract, Construction

[ Bailii ]
 
London Borough Lewisham v Mr Ltd [2003] EWHC 2114 (TCC)
31 Jul 2003
TCC

Construction, Limitation

[ Bailii ]
 
Hewden Tower Cranes Limited v Yarm Road Limited and Another [2003] EWCA Civ 1127
31 Jul 2003
CA
Lord Justice Pill Lord Justice Laws Sir Martin Nourse
Construction

1 Cites

[ Bailii ]
 
Lesotho Highlands Development Authority v Impregilo Spa and others [2003] EWCA Civ 1159; Times, 15 September 2003; Gazette, 16 October 2003; [2003] BLR 347; [2004] 1 All ER (Comm) 97; [2003] 2 Lloyd's Rep 497
31 Jul 2003
CA
Lord Justice Brooke, Lord Justice Latham And Mr Justice Holman
Arbitration, Construction
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.
Arbitration Act 1996 - Rules of the International Chamber of Commerce
1 Cites

1 Citers

[ Bailii ]
 
AMEC Mining v Scottish Coal Company [2003] ScotCS 223
6 Aug 2003
SCS

Scotland, Construction, Contract
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. They said the defenders should have issued a variation to allow them to claim the costs. The defenders said it could have been claimed as a quantum meruit. Held: Quantum meruit was not normally claimable where there was a contract. There was a discretion to issue an instruction to vary and that had to be exercised reasonably. The pursuers averred that the defenders were under an obligation to ensure that their site manager operated the contract properly by issuing the instruction. No such term could be implied.
1 Cites

[ Bailii ]

 
 Horbury Building Systems Ltd v Hampden Insurance Nv; ComC 9-Sep-2003 - [2003] EWHC 2110 (Comm)
 
Clark v Hosier and Dickson Ltd [2003] EWCA Civ 1467
14 Oct 2003
CA

Personal Injury, Construction

[ Bailii ]
 
Thomas-Fredric's (Construction) Ltd v Wilson [2003] EWCA Civ 1494
21 Oct 2003
CA
Simon Brown LJ
Construction, Arbitration
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."
1 Citers

[ Bailii ]
 
Dean and Dyball Construction Ltd v Kenneth Grubb Associates Ltd [2003] EWHC 2465 (TCC)
28 Oct 2003
TCC

Arbitration, Construction

[ Bailii ]

 
 Simons Construction Limited v Aardvark Developments Limited; TCC 29-Oct-2003 - [2003] EWHC 2474 (TCC); [2004] BLR 117
 
Cluley and Cluley v Rl Dix Heating (A Firm) Nu Heat Limited [2003] EWCA Civ 1595
31 Oct 2003
CA

Construction

[ Bailii ]
 
Daejan Investments Ltd v The Park West Club Ltd. (Part 20 Buxton Associates [2003] EWHC 2872 (TCC); [2004] BLR 223
3 Nov 2003
TCC
David Wilcox J
Litigation Practice, Construction
Application to amend pleadings to substitute pleaded requirement to complete construction.
[ Bailii ]
 
Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis [2003] EWCA Civ 1563; Times, 26 November 2003
12 Nov 2003
CA
Lord Justice Schiemann Lord Justice Sedley Lord Justice Jacob
Construction
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.
Housing, Grants (Construction and Regeneration) Act 1996 111
1 Cites

[ Bailii ]
 
Harvey Shopfitters Ltd v ADI Ltd [2003] EWCA Civ 1757; Times, 26 November 2003; Gazette, 02 January 2004
13 Nov 2003
CA
Dame E Butler Sloss, President, Brooke, Latham LJJ
Construction, Civil Procedure Rules
The court dismissed the claimants appeal, but discussed the need now for the parties to file core bundles at least one week before the hearing. Additional agreed bundles of authorities should have the appropriate passages clearly marked and filed within the same time scale. Failures to abide by these requirements will be dealt great disfavour.
Civil Procedure Rules 5.6 5.7 5.8
1 Cites

[ Bailii ]
 
Commissioners for Customs and Excise v Southern Primary Housing Limited [2003] EWCA Civ 1662; Times, 21 November 2003
18 Nov 2003
CA
Lord Justice Mantell Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
VAT, Land, Construction
The land owner had elected to pay VAT on the purchase of land. It sought to recover that VAT. The Commissioners appealed an order allowing that. Held: Ther were three transactions, the purchase, the sale, and a development contract. The input tax paid in carrying out the building contract were recoverable. Was the land therefore used 'for the purpose of the taxpayer's taxable transaction", namely the development contract? The cost of the land was not a component of the costs in the same way that the materials were. The mere commercial link was insufficient. The transactions had to be looked at separately in VAT law, component by component.
1 Cites

[ Bailii ]
 
Roadrunner Properties Ltd v Dean and Another [2003] EWCA Civ 1816; [2004] 1 EGLR 73
21 Nov 2003
CA
Chadwick LJ
Negligence, Construction, Landlord and Tenant, Land
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.
Parety Wall etc Act 1996
1 Citers

[ Bailii ]
 
Tally Wiejl (UK) Ltd v Pegram Shopfitters Ltd [2003] EWCA Civ 1750; [2004] 1 All ER 818
21 Nov 2003
CA
Lord Justice May
Construction

1 Cites

1 Citers

[ Bailii ]
 
Galliford Try Construction Ltd v Michael Heal Associates Ltd [2003] EWHC 2886 (TCC)
1 Dec 2003
TCC

Construction, Arbitration

[ Bailii ]
 
Aldi Stores Ltd v Holmes Buildings Plc [2003] EWCA Civ 1882
1 Dec 2003
CA
Auld, Hale and Dyson LJJ
Construction, Limitation, Litigation Practice
What makes a claim a "new claim" as defined in section 35(2) of the Limitation Act 1980 is not the newness of the case according to the type or quantum of the remedy claimed, but the newness of the cause of action that it involves. A cause of action is a set of facts that enable one person to obtain a remedy from another; as opposed to a form of action used as a convenient and succinct description of a particular category of factual situation.
Limitation Act 1980 35(2)
1 Citers

[ Bailii ]
 
Ove Arup and Partners International Ltd and Another v Mirant Asia-Pacific Construction (Hong Kong) Ltd and Another [2003] EWCA Civ 1729
2 Dec 2003
CA

Construction

[ Bailii ]
 
Skinner v Crest Nicholson Residential (South) Ltd [2003] EWHC 2984 (TCC)
9 Dec 2003
TCC

Construction

[ Bailii ]
 
Rhodia Chirex Limited v Laker Vent Engineering Limited [2003] EWCA Civ 1859
18 Dec 2003
CA
Lord Justice Auld Lady Justice Hale Lord Justice Dyson
Construction, Contract

[ Bailii ]
 
London and Amsterdam Properties Ltd v Waterman Partnership Ltd [2003] EWHC 3059 (TCC)
18 Dec 2003
TCC

Construction

[ Bailii ]
 
Sahib Foods Limited (In Liquidation) v Paskin Kyriakides Sands (A Firm) [2003] EWCA Civ 1832; [2003] EWCA Civ 1920
19 Dec 2003
CA
Lord Justice Clarke Lord Justice Potter Lord Justice Ward
Professional Negligence, Construction

1 Cites

[ Bailii ] - [ Bailii ]
 
Hughes v Barratt Urban Construction (Scotland) Limited [2003] ScotCS 345; , 2004 SCLR 338
30 Dec 2003
OHCS
Lord Brodie And Lord Kirkwood And Lord Macfadyen
Construction

[ Bailii ]
 
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