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: 2004 To: 2004
This page lists 61 cases, and was prepared on 20 May 2019.
Barnes and Elliot Ltd v Taylor Woodrow Holdings Ltd [2004] BLR 111
2004
Construction, Arbitration
Whether a minor failure of an arbitrator was sufficient to vitiate his decision.
1 Citers
Iliffe and Another (T/A Otterton Post Office) v Customs and Excise [2004] UKVAT V18444
14 Jan 2004
VDT
VAT, Construction
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
[ Bailii ]
Concrete Foundations Ltd v Family Housing Association [2004] EWHC 10 (QB)
14 Jan 2004
QBD
Construction
[ Bailii ]
Hallamshire Construction Plc v South Holland District Council; TCC 16-Jan-2004 - [2004] EWHC 8 (TCC)
Pilkington United Kingdom Limited v CGU Insurance Plc [2004] EWCA Civ 23
28 Jan 2004
QBD
Mr Justice Charles Lord Justice Jonathan Parker Lord Justice Potter
Construction, Insurance
The claimants had installed glass tiles in a roof. They fractured, and facing a claim for damages, they sought payment from their insurers. The claimants argued that the risk of fracture meant that the damage occurred upon installation, the insurers contended that liability arose only as tiles broke. Held: To construe the insuring clause as if an occurrence could include mere damage caused by the commodity to itself, would fail to give effect to the natural meaning of the language which contemplates that physical damage will be caused by the commodity to something else. The damage claimed was not within the cover provided by the insuring clause.
1 Cites
[ Bailii ]
Daly, Daly v Sheikh [2004] EWCA Civ 119
13 Feb 2004
CA
Lord Justice Mummery Lord Justice Rix Lord Justice Ward
Construction
1 Cites
1 Citers
[ Bailii ]
Jacobs v Customs and Excise [2004] UKVAT V18489
13 Feb 2004
VDT
VAT, Construction
A developer sought to set off input taxes paid in the redevelopment of a former residential boarding school as a family home. Held: The taxpayer's appeal succeeded.
1 Citers
[ Bailii ]
Westminster Building Company Ltd v Beckingham [2004] EWHC 138 (TCC)
20 Feb 2004
TCC
His Honour Judge Thornton Q.C.
Arbitration, Construction
Court Service Enforcement of an adjudicator's decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999. Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether the contract varying the construction contract was enforceable or lacked consideration, the adjudication clause was not unfair and was binding on Mr Beckingham, the adjudicator's decision would be enforced and there would be judgment for Westminster in the sum claimed. This judgment was made in writing and was handed down by the court. For the purposes of paragraph 5.12 of 52PD-19 (Practice Direction - Appeals), this written judgment is to be taken as replacing an official recording and approved transcript of the judgment.
[ Bailii ]
Bath and North East Somerset District Council v Mowlem Plc [2004] EWCA Civ 115
20 Feb 2004
CA
Lord Justice Brooke Lord Justice Mance Mr Justice Parke
Construction
[ Bailii ]
Her Majesty's Commissioners of Customs and Excise v Zielinski Baker and Partners Limited [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 February 2004; Gazette, 25 March 2004
26 Feb 2004
HL
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood
VAT, Construction
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).
Value Added Tax Act 1994 Sch 8 Grp 6 - Planning (Listed Buildings and Conservation Areas) Act 1990
1 Cites
[ House of Lords ] - [ Bailii ]
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWHC 393 (TCC)
27 Feb 2004
TCC
Arbitration, Construction
1 Cites
1 Citers
[ Bailii ]
Construction Industry Training Board, Regina (on the Application Of) v Scalegold Joinery Ltd [2004] EWHC 537 (Admin)
9 Mar 2004
Admn
Construction
industrial training levy
[ Bailii ]
Gabriel v Kirklees Metropolitan Council [2004] EWCA Civ 345; Times, 12 April 2004
24 Mar 2004
CA
Construction, Personal Injury, Negligence
The claimant (aged 6) sought damages after being hurt when other children playing on a building site threw stones from the site, hitting him as he passed by. Held: The case raised questions of law and it was incumbent on the judge to provide detailed findings on the facts. A question of law was arguable, but the court was unable to determine the issue without the necessary findings of fact. The case would be remitted for retrial before a different judge.
1 Cites
[ Bailii ]
Lionel Jacobs Ltd v Customs and Excise [2004] UKVAT V18558
24 Mar 2004
VDT
VAT, Construction
[ Bailii ]
HM Inspector of Taxes v JDC Services Ltd; ChD 26-Mar-2004 - [2004] EWHC 602 (Ch)
Tom Hudson (HM Inspector of Taxes) v JDC Services Limited; ChD 26-Mar-2004 - Times, 16 April 2004; [2004] EWHC 602 (Ch)
Hurst Stores and Interiors Ltd v Ml Europe Property Ltd. [2004] EWCA Civ 490
1 Apr 2004
CA
Construction
[ Bailii ]
Conor Engineering Ltd v Les Constructions Industrielles De La Mediterranee (Cnim) Sa [2004] EWHC 899 (TCC)
5 Apr 2004
TCC
David Blunt QC J
Construction
The claimant sought to enforce two adjudication proceedings, and the defendant sought to set of its own claimed debt.
[ Bailii ]
AWG Construction Services Ltd v Rockingham Motor Speedway Ltd [2004] EWHC 888 (TCC)
5 Apr 2004
TCC
Toulmin QC J
Construction
Application to enforce construction arbitration award.
[ Bailii ]
Horbury Building Systems Limited v Hampden Insurance Nv [2004] EWCA Civ 418
7 Apr 2004
CA
Lord Justice Peter Gibson Lord Justice Mance Lord Justice Keene
Insurance, Construction
1 Cites
[ Bailii ]
Young and Another v Bemstone Ltd (T/A Bemstone Homes) [2004] EWHC 2651 (TCC)
7 Apr 2004
TCC
Wilcox J
Construction
The claimants said that in constructing new buildings neighbouring theirs, the defendants had undermined their property.
[ Bailii ]
Ritchie Brothers (Pwc) Limited v David Philp (Commercials) Limited [2004] ScotCS 94
14 Apr 2004
OHCS
Lord Eassie
Scotland, Construction, Arbitration
An arbitrator's decision was to be delivered within a certain time. That date having passed, he no longer had jurisdiction to arbitrate, and his decision was void,
1 Citers
[ Bailii ] - [ ScotC ]
Emcor Drake and Scull Ltd v Sir Robert Mcalpine Ltd [2004] EWHC 1017 (TCC)
7 May 2004
TCC
Construction, Contract
[ Bailii ]
Alstom Signalling Ltd. (T/A Alstom Transport Information Solutions) v Jarvis Facilities Ltd [2004] EWHC 1232 (TCC)
11 May 2004
TCC
Construction
[ Bailii ]
Medtia v Hamid and Another [2004] EWCA Civ 691
21 May 2004
CA
Construction
The claimant appealed an order after a trial in a construction dispute. Held: The judge had not properly understood the figures before him in a difficult case. The judgment was adjusted accordingly
1 Cites
1 Citers
[ Bailii ]
Alstom Signalling Ltd. (T/A Alstom Transport Information Solutions) v Jarvis Facilities Ltd [2004] EWHC 1285 (TCC)
28 May 2004
TCC
Construction
[ Bailii ]
Re-Source America International Ltd. v Platt Site Services Ltd. and Another, Barkin Construction Ltd [2004] EWCA (Civ) 665
2 Jun 2004
CA
Lord Justice Laws Lord Justice Tuckey Lord Justice Brooke
Insurance, Construction, Negligence, Damages
"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."
Civil Liability (Contribution) Act 1978 2
1 Citers
[ Bailii ]
Nash v Tonbridge Estates (Sussex) Ltd [2004] EWHC 3421 (TCC)
9 Jun 2004
TCC
Construction
[ Bailii ]
William Verry Ltd v North West London Communal Mikvah [2004] EWHC 1300 (TCC)
11 Jun 2004
TCC
Construction
[ Bailii ]
Owen v Customs and Excise [2004] UKVAT V18660
21 Jun 2004
VDT
VAT, Construction
VDT ZERO RATING - work on a listed building - whether an approved alteration -whether needing approval - whether sufficiently extensive to qualify as an alteration - remaining relevance of Viva Gas - appeal allowed.
[ Bailii ]
Connex South Eastern Ltd v MJ Building Services Group Plc [2004] EWHC 1518 (TCC); [2004] BLR 333
25 Jun 2004
TCC
Richard Havery QC J
Construction, Contract
The court was asked whether the existence of implied terms converts an otherwise written construction contract into one that is no longer a written contract for the purposes of Section 107. Richard Havery QC J said: "The first question I must consider is whether [the contract] was in writing, so as to fall within section 107 of the Act. Otherwise, the adjudicator would have no jurisdiction. Mr Ashton drew my attention to the case of RJT . . He submitted that the complete agreement. . must be in writing in order to fulfil the requirements of section 107. Mr Speaight submitted, and Mr Ashton agreed, that whichever approach is adopted, it was manifestly not the intention of Parliament to exclude from the jurisdiction of an adjudicator an agreement solely because it contains implied terms. I accept that very reasonable proposition."
Housing Grants, Construction and Regeneration Act 1996 107
1 Citers
[ Bailii ]
Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd; TCC 8-Jul-2004 - [2004] EWHC 1660 (TCC)
Humpheryes v Nedcon UK Ltd and Another [2004] EWHC 1260 (QB)
16 Jul 2004
QBD
Personal Injury, Construction
[ Bailii ]
Mirant-Asia Pacific Ltd and Another v Oapil and Another [2004] EWHC 1750 (TCC)
21 Jul 2004
TCC
Contract, Construction
[ Bailii ]
APC v Amey Construction Ltd and others [2004] ScotCS 182
23 Jul 2004
ScS
Construction
[ Bailii ]
A and S Enterprises Ltd v Kema Holdings Ltd [2004] EWHC 3365 (QB); [2005] BLR 76; [2004] EWHC 3365 (TCC)
27 Jul 2004
QBD
Seymour QC HHJ
Construction
Application to enforce arbitration award
[ Bailii ]
PC Partitions Ltd v Canary Wharf Contractors Ltd and Another [2004] EWHC 1766 (TCC)
28 Jul 2004
TCC
Construction
[ Bailii ]
PC Partitions Limited v Canary Wharf Contractors Limited [2004] EWHC 1766 (TCC)
28 Jul 2004
TCC
His Honour Judge Richard Seymour
Construction
Thames Water Utilities Ltd v London Regional Transport and Another [2004] EWHC 2021 (TCC)
18 Aug 2004
TCC
Construction, Utilities
Destruction of water main in building works
[ Bailii ]
Indescon Ltd v Sir Robert Ogden Cbe Lld [2004] EWHC 2326 (TCC)
20 Aug 2004
TCC
His Honour David Wilcox
Construction, Arbitration
[ Bailii ]
Gurney Consulting Engineers v Pearson Pension Property Fund Limited, Pearson Nominees Limited [2004] EWHC 1916 (TCC)
2 Sep 2004
TCC
His Honour Judge Richard Seymour
Contract, Construction
[ Bailii ]
Holding and Management (Solitaire) Ltd v Ideal Homes North West Ltd. and others [2004] EWHC 2408 (TCC)
30 Sep 2004
TCC
Construction
[ Bailii ]
Lumbermens Mutual Casualty Company v Bovis Lend Lease Limited [2004] EWHC 2197 (Comm)
5 Oct 2004
QBD
The Honourable Mr Justice Colman
Insurance, Construction
[ Bailii ]
British Sugar Plc v Cegelec Ltd [2004] EWCA Civ 1450
7 Oct 2004
CA
Construction
[ Bailii ]
Wolff and Muller GmbH and Co. KG contre Jose Filipe Pereira Felix C-60/03; [2004] EUECJ C-60/03
12 Oct 2004
ECJ
Company, Construction
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
[ Bailii ]
Area Solutions and Another v Tasty Wok Ltd and Another [2004] EWHC 2615 (TCC)
14 Oct 2004
TCC
Kirkham J
Construction
[ Bailii ]
Commissioners of Customs and Excise v Ivor Mark Jacobs [2004] EWHC 2358 (Ch); [2004] STC 1662
22 Oct 2004
ChD
Lord Justice Evans-Lombe
VAT, Construction
1 Cites
1 Citers
[ Bailii ]
Gabriel v Hayward and others [2004] EWHC 2363 (TCC)
22 Oct 2004
TCC
Construction
Application for leave to amend claim
[ Bailii ]
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418; Times, 08 November 2004; [2004] EWCA Civ 1535; [2005] BLR 1
28 Oct 2004
CA
Kennedy LJ, Chadwick LJ, Dyson LJ
Construction, Arbitration, Natural Justice
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.
Housing Grants, Construction and Regeneration Act 1996
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Emcor Drake and Scull Ltd v Costain Construction Ltd and Skanska Central Europe Ab (T/A Costain Skanska Joint Venture) [2004] EWHC 2439 (TCC)
29 Oct 2004
TCC
Construction, Arbitration
Power of arbitrator to give extension of time to pay
[ Bailii ]
Bryen and Langley Limited v Boston [2004] EWHC 2450 (TCC)
4 Nov 2004
TCC
His Honour Judge Richard Seymour
Construction, Contract, Consumer
1 Citers
[ Bailii ]
Peacocks Ltd v Taylor [2004] EWHC 2898 (TCC)
5 Nov 2004
TCC
Thornton QC J
Construction
[ Bailii ]
Birse Construction Ltd v Eastern Telegraph Company Ltd [2004] EWHC 2512 (TCC)
5 Nov 2004
TCC
Construction
[ Bailii ]
Tombs v Wilson Connolly Ltd [2004] EWHC 2809 (TCC)
9 Nov 2004
TCC
His Honour Peter Coulson Q.C.
Construction
1 Citers
[ Bailii ]
North Sea Ventilation Ltd v Consafe Engineering (UK) Ltd [2004] EWCA Civ 1623
23 Nov 2004
CA
Longmore LJ
Construction
Renewed application for permission to appeal in a building contract case
[ Bailii ]
Trustees of the Stratfield SAYE Estate v AHL Construction Limited [2004] EWHC 3286 (TCC)
6 Dec 2004
TCC
Jackson, Mr Justice Jackson
Construction, Arbitration
The court was asked what was meant by a contract in writing under section 10. Jackson J applied RJT saying: "The principle of law which I derive from the majority judgments in RJT is this: an agreement is only evidenced in writing for the purposes of section 107, subsections (2), (3) and (4), if all the express terms of that agreement are recorded in writing. It is not sufficient to show that all terms material to the issues under adjudication have been recorded in writing."
Housing Grants, Construction and Regeneration Act 1996 107
1 Cites
1 Citers
[ Bailii ]
Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd [2004] EWCA Civ 1757; Times, 03 January 2005
7 Dec 2004
CA
Brooke LJ, Clarke LJ, Neuberger LJ
Construction, Arbitration
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.
Arbitration Act 1996 9 - Housing Grants, Construction and Regeneration Act 1996 111(1)
1 Cites
1 Citers
[ Bailii ]
Birse Construction Ltd v Mccormick (UK) Ltd [2004] EWHC 3053 (TCC)
9 Dec 2004
TCC
His Honour Peter Coulson QC
Construction
[ Bailii ]
Taylor Woodrow Holdings Ltd and Another v Barnes and Elliott Ltd [2004] EWHC 3319 (TCC)
20 Dec 2004
TCC
Construction, Arbitration
Arbitration Act 1996 6991)
[ Bailii ]
Emcor Drake and Scull Limited v Sir Robert Mcalpine Limited [2004] EWCA Civ 1733
21 Dec 2004
CA
Lord Justice Peter Gibson Lord Justice Keene Lord Justice Clarke
Construction
[ Bailii ]
Balfour Beatty Construction v Serco Ltd [2004] EWHC 3336 (TCC)
21 Dec 2004
TCC
Construction
[ Bailii ]