Citations:
[2006] EWHC 3637 (TCC)
Links:
Jurisdiction:
England and Wales
Construction
Updated: 11 May 2022; Ref: scu.252369
[2006] EWHC 3637 (TCC)
England and Wales
Updated: 11 May 2022; Ref: scu.252369
Where parties operated under a contract which provided for arbitration provided reference was claimed within a certain time scale, the failure of one party to apply for a reference in time because he had failed to read that part of the contract was not a sufficient reason to allow an extension of time. This applied even though the term was incorporated by reference, and that such applications need not be construed strictly.
Times 22-Oct-1999, Gazette 10-Nov-1999, [1999] BLR 409
England and Wales
Cited – J T Mackley and Company Ltd v Gosport Marina Ltd TCC 3-Jul-2002
The claimant challenged the validity of a notice to refer a case to arbitration. The respondent challenged saying that the court had no jurisdiction to hear the objection, and that such issues were to be decided by the arbitrator. The claim related . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 May 2022; Ref: scu.81226
Sheriff J.A. Taylor
2002 SLT 103
Housing Grants, Construction and Regeneration Act 1996 111
Scotland
Cited – Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis CA 12-Nov-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 May 2022; Ref: scu.182021
O’Connor LJ applied the test of reasonableness in determining whether the cost of reinstatement of land to its contracted for condition should be recoverable as damages.
O’Connor LJ
(1986) 2 Const LJ 303
England and Wales
Cited – Ruxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.526100
The employers sued the builders and architects alleging defects in the air conditioning system. Later, cracking and displacement of the walls was discovered, caused allegedly by not having sulphate resisting cement, and defects in the wall ties. Allegations were made against the contractors and the architects and also structural engineers. The question then arose whether the amendments raised new claims for the purposes of section 35 of the 1980 Act.
Held: May LJ said: ‘I think it is necessary to adopt a broad approach to these cases. At the stage of the issue of the writ or the service of the statement of claim, in the present context one is not, as I think, concerned with the minutiae of the cause of action which will ultimately have to be investigated at the trial. In the Limitation Act context, one asks in quite broad terms whether the relevant factual situation . . first came about, first was suable upon more than the three, six or twelve years previously. In the res judicata context one has to ask whether the issues in the hypothetical second action were realistically before the court in the hypothetical first action. Merely to rely upon the propositions which I have already quoted from Brunsden v Humphrey in the judgment of Bowen LJ, which was referred to in the judgment of Sankey LJ in Conquer v Boot , that it is a well settled rule of law that damages resulting from one and the same cause of action must be assessed and recovered once and for all, (entirely accurate though that is and I would not wish, with respect, to differ at all), nevertheless in the instant context I think that it effectively begs the whole question at the outset.’
and ‘In the present case, if one remembers what a cause of action is (for instance, to refer back to the dictum in Letang), if one looks to the size of this particular building, to its complexities, to other matters of degree, to the statement of claim before the proposed reamendment, to the attitude of the appellants’ solicitors in the correspondence at the material time, to which I have referred, and avoids what I think are unnecessary subtleties, I feel bound to agree with the learned judge where he concluded, having referred to the cases on what is a cause of action, the statement of claim in both its original and amended form related only to the air conditioning. I think that its effect was to narrow the causes of action so that they became confined to breaches of contract concerned with air conditioning and negligence resulting in damages to the air conditioning. In the light of the definitions of a cause of action already referred to, I do not think one can look only to the duty on a party, but one must look also to the nature and extent of the breach relied upon, as well as to the nature and extent of the damage complained of in deciding whether, as a matter of degree, a new cause of action is sought to be relied upon. The mere fact that one is considering what are, as it is said, after all only different defects to the same building, does not necessarily mean in any way that they are constituents of one and the same cause of action.
Thus I conclude that whether there is a new cause of action in any circumstances is a mixed question of law and fact. I am satisfied that the learned judge correctly directed himself on the law on this point, and not only am I unable to say that he applied the law incorrectly to the facts of the case, I think positively that he applied that law correctly to the facts of the case.’
and ‘In my opinion, to issue a writ against a party . . when it is not intended to serve a statement of claim, and where one has no reasonable evidence or grounds on which to serve a statement of claim against that particular party, is an abuse of the process of the court.’
Lloyd LJ said: ‘in each case it will depend on the facts whether the damage gives rise to a separate cause of action, or not’ and ‘there may be separate causes of action in relation to the same building, depending upon the facts of the case.’
Lloyd LJ and May LJ
[1986] 33 BLR 77
England and Wales
Cited – Savings and Investment Bank Ltd (in Liquidation) v Fincken CA 6-Nov-2001
When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have . .
Cited – McDonalds Corp and Another v Steel and Another CA 25-Mar-1994
The plaintiff company had sued the defendants in defamation with regard to a leaflet publishd and distributed by them. The defendants argued justification. The defendants appealed against an order striking out parts of their defence, saying that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.183221
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.
Gazette 08-Mar-2001
Interpretation Act 1978, Housing Grants Construction and Regeneration Act 1996
England and Wales
Updated: 28 April 2022; Ref: scu.89517
[2018] EWHC 2192 (TCC)
England and Wales
Updated: 26 April 2022; Ref: scu.621150
The court considered the validity of a clause in a building contract which provided that, where there was a delay caused by an event for which the contractor was responsible, and that delay was concurrent with a delay for which the employer was responsible, such concurrent delay would not be taken into account when calculating any extension of time to the contract completion date. It was the appellant contractor’s case that this clause was contrary to what has come to be known as ‘the prevention principle’ and therefore ineffective.
[2018[ EWCA Civ 1744
England and Wales
Updated: 25 April 2022; Ref: scu.620472
Application to award Adjudicator’s decision
[2018] EWHC 1874 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620133
Dispute about the quality of the fabrication of steel monopiles and transition pieces for an offshore wind farm in the North Sea.
Sir Antony Edwards-Stuart
[2018] EWHC 490 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620112
[2018] EWHC 831 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620119
Application by two Claimants to enforce three adjudicators’ decisions by way of summary judgment.
[2018] EWHC 314 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620116
[2018] EWHC 1577 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620126
Dispute as to a project to refurbish and update property located at the corner of 2 Hyde Park Square and Connaught Street.
[2018] EWHC 1602 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620131
[2018] EWHC 368 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620106
[2018] EWHC 177 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620108
O’Farrell J
[2018] EWHC 140 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620103
Enforcement of adjudication award.
Fraser J
[2018] EWHC 178 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620107
Miss Joanna Smith QC
[2018] EWHC 102 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620104
Dispute arising out of a project to redevelop the landmark Centre Point Tower and surrounding properties at the junction of New Oxford Street and Charing Cross Road.
Jefford DBE J
[2018] EWHC 232 (TCC)
England and Wales
Updated: 25 April 2022; Ref: scu.620105
VALUE ADDED TAX – reduced rate supply -energy saving materials – whether appellant’s Solid Roof System a supply of insulation for roofs within VATA 1994 Schedule 7A Group 2 – no – appeal allowed
[2018] UKUT 173 (TCC)
England and Wales
Updated: 22 April 2022; Ref: scu.617296
Andrew Henshaw QC HHJ
[2018] EWHC 1083 (Comm)
England and Wales
Updated: 20 April 2022; Ref: scu.614939
[2018] EWCA Civ 952
England and Wales
Updated: 20 April 2022; Ref: scu.614929
[2018] ScotCS CSIH – 26
Scotland
Updated: 14 April 2022; Ref: scu.609374
[2018] ScotCS CSIH – 21
Scotland
Updated: 14 April 2022; Ref: scu.609350
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.
Gazette 08-Jun-2000
Updated: 09 April 2022; Ref: scu.84817
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.
Times 10-Oct-2000
Industrial Training Levy (Construction Board) Order 1999 159
See Also – Mark Wilkinson Furniture Limited and Construction Industry Training Board Admn 12-Jan-2000
. .
See also – Mark Wilkinson Furniture Limited and Construction Industry Training Board Admn 12-Jan-2000
. .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.83411
Sub-contractor sub-contracting inherently dangerous work not liable to main Contractor.
Times 22-Apr-1997
Updated: 09 April 2022; Ref: scu.83256
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.
Times 07-Jun-2000
Appeal from – Johnston v W H Brown Construction (Dundee) Ltd OHCS 12-Nov-1999
An employer who had to prepare a schedule of defects in order to pursue a claim against his builder, and incurred both architects and legal costs in the preparation of the schedule was not able to claim such costs as consequential losses under the . .
Cited – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.82568
An employer who had to prepare a schedule of defects in order to pursue a claim against his builder, and incurred both architects and legal costs in the preparation of the schedule was not able to claim such costs as consequential losses under the contract. Such losses were not recoverable at common law.
Times 12-Nov-1999
Scottish Building Contract with Contractor’s Design (Jan 1993 rev)
Appeal from – Johnston v W H Brown Construction (Dundee) Ltd IHCS 7-Jun-2000
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.82569
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.
Gazette 26-Oct-2000, Times 14-Nov-2000
Copyright Designs and Patents Act 1988
Updated: 09 April 2022; Ref: scu.82614
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.
Times 10-May-2000
Housing Grants Construction and Regeneration Act 1996, Scheme for Construction Contracts (England and Wales) Regulations 1998 (1988 No 649)
Updated: 08 April 2022; Ref: scu.81345
A before and after test is to be used to see whether a work is a new building or a conversion of an old building.
Ind Summary 31-Jul-1995
England and Wales
Appealed to – Commissioners for Customs and Excise v Marchday Holdings Limited CA 11-Dec-1996
Extensive work on an existing building may be more than a conversion and therefore may be zero-rated. . .
Appeal from – Commissioners for Customs and Excise v Marchday Holdings Limited CA 11-Dec-1996
Extensive work on an existing building may be more than a conversion and therefore may be zero-rated. . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 April 2022; Ref: scu.79734
Construction of JCT contract – can not extend time for arbitration reference.
Ind Summary 05-Sep-1994
England and Wales
Updated: 08 April 2022; Ref: scu.79688
Whether a building is new or an enlargement of an existing one is question of fact.
Ind Summary 18-Oct-1993
England and Wales
Updated: 08 April 2022; Ref: scu.79339
Services must have temporary link to construction of new building if zero rated.
Times 15-Jul-1996
Value Added Tax Act 1983 Sch 5 Grp 8 Itm 2
England and Wales
Updated: 08 April 2022; Ref: scu.79354
Main contractor’s insurance against a sub-contractor’s negligence relieved the sub-contractor of his duty of care.
Times 28-Jan-1997
England and Wales
Appeal from – British Telecommunications plc v James Thomson and Sons (Engineers) Ltd HL 29-Oct-1998
A sub-contractor would owe a duty of care to the main contractor and the insurer be entitled to stand subrogated to the main contractor where the sub-contractor was not nominated as being exempt from such duty in the insurance. . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 April 2022; Ref: scu.78642
[2018] EWCA Civ 674
England and Wales
Updated: 07 April 2022; Ref: scu.608351
[2018] EWCA Civ 452
England and Wales
Updated: 06 April 2022; Ref: scu.606476
[2018] EWCA Civ 490
England and Wales
Updated: 06 April 2022; Ref: scu.606470
[2018] ScotCS CSOH – 22
Scotland
Updated: 05 April 2022; Ref: scu.605919
[2017] ScotCS CSOH – 152
Scotland
Updated: 04 April 2022; Ref: scu.605069
Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry
[2018] UKFTT 45 (TC)
England and Wales
Updated: 04 April 2022; Ref: scu.604369
Vat – Zero-Rating : Building Work
[2018] UKFTT 43 (TC)
England and Wales
Updated: 04 April 2022; Ref: scu.604370
Sir Antony Edwards-Stuart
[2018] EWHC 1 (TCC)
England and Wales
Updated: 03 April 2022; Ref: scu.602979
Coulson J
[2018] EWHC 54 (TCC)
England and Wales
Updated: 03 April 2022; Ref: scu.602978
Reference for a preliminary ruling – Harmonised conditions for the marketing of construction products – Harmonised standard EN 1090-1:2009+A1:2011 – Criteria for determining the scope of a standard adopted by the European Committee for Standardisation (CEN) in accordance with a mandate of the European Commission – Anchors to be fixed into concrete before it sets and used for fastening facade elements and masonry supports to the building frame
C-630/16, [2017] EUECJ C-630/16
European
Updated: 02 April 2022; Ref: scu.602065
Coulson J
[2017] EWHC 3092 (TCC)
England and Wales
Updated: 02 April 2022; Ref: scu.601877
Fraser J
[2017] EWHC 3073 (TCC)
England and Wales
Updated: 02 April 2022; Ref: scu.601875
[2017] EWHC 3235 (TCC)
England and Wales
Updated: 02 April 2022; Ref: scu.601880
[2017] EWHC 3286 (TCC)
England and Wales
Updated: 02 April 2022; Ref: scu.601881
Coulson J
[2017] EWHC 3066 (TCC)
England and Wales
Updated: 02 April 2022; Ref: scu.599747
Bryan J
[2017] EWHC 2765 (Comm)
England and Wales
Updated: 01 April 2022; Ref: scu.599650
[2017] ScotCS CSOH – 132
Scotland
Updated: 01 April 2022; Ref: scu.598637
Appeal by a firm of architects in litigation concerning its entitlement to recover fees following termination of its engagement. The principal issue in this appeal is whether Section 111 of the 1996 Act applies only to interim payments or whether it also applies to payments due following completion of the works or termination of the contract.
Jackson, Lindblom, Thirlwall LJJ
[2017] EWCA Civ 1735
Housing Grants, Construction and Regeneration Act 1996 111
England and Wales
Updated: 01 April 2022; Ref: scu.598471
Jefford DBE J
[2017] EWHC 2450 (TCC)
England and Wales
Updated: 31 March 2022; Ref: scu.597442
Part 8 claim brought by the claimant against the defendant in relation to what is said to be a point of contractual interpretation of one of the clauses of the contract agreed between the parties for the construction by the claimant of a sizeable house in the Midlands.
Fraser J
[2017] EWHC 2414 (TCC)
England and Wales
Updated: 30 March 2022; Ref: scu.595943
Dove J
[2017] EWHC 2308 (Admin)
England and Wales
Updated: 30 March 2022; Ref: scu.594662
The claimant sought damages for the need to reclad a major building in London after the repeated failure of glass framed panels.
Stuart-Smith J
[2017] EWHC 25 (TCC)
England and Wales
Updated: 29 March 2022; Ref: scu.593111
O’Farrell DBE J
[2017] EWHC 2196 (TCC)
England and Wales
Updated: 29 March 2022; Ref: scu.593120
[2017] ScotCS CSOH – 108
Scotland
Updated: 29 March 2022; Ref: scu.593089
Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry
[2017] UKFTT 630 (TC)
England and Wales
Updated: 28 March 2022; Ref: scu.592656
Judgment following a trial of a claim and a counterclaim concerning work undertaken by the claimant company in connection with the supply and installation of an integrated technology system (ITS) at the defendants’ house.
Stephen Davies HHJ
[2017] EWHC B21 (TCC)
England and Wales
Updated: 27 March 2022; Ref: scu.589006
The claimants sought almost 2.2 million pounds in damages against the defendants arising out of the defendants’ quantity surveying and project management services in respect of extensive building works carried out at the claimants’ property in North London. It is the defendants’ case that the relevant defendant is the first defendant, and the claimants’ primary case is to the same effect. Save where relevant, I shall refer to them generically as ‘the defendants’.
Coulson J
[2017] EWHC 1555 (TCC)
England and Wales
Updated: 27 March 2022; Ref: scu.589008
Stuart-Smith J
[2017] EWHC 1438 (TCC)
England and Wales
Updated: 27 March 2022; Ref: scu.589004
Appeal by the employer under a construction contract against the dismissal of their claim for a declaration. The principal issue is whether the figures set out for minimum acceptable performance in three tables headed ‘example’ are contractually binding or merely illustrative.
Jackson, Beatson LJJ
[2017] EWCA Civ 359
England and Wales
Updated: 26 March 2022; Ref: scu.583972
[1998] EWHC Technology 327
England and Wales
See Also – JFS (UK) Limited, Tilghman Wheelabrator Limited v Dwr Cymru Cyf TCC 3-Mar-1998
This was an application by the defendant to amend its defence and to add a counterclaim. In considering the application, it had to be decided whether the defendant had already served a counterclaim since, if it had not, it was entitled to add the . .
Appealed to – JFS (UK) Limited Tilghman Wheelabrator Limited v Dwr Cymru Cyf CA 18-Sep-1998
A positive averment by defendant short of a claim for relief did not constitute a ‘claim’ under the section, and the judge had jurisdiction to allow a later amendment claiming relief as an original counterclaim. It was not barred either under RSC 20 . .
See Also – JFS (UK) Limited, Tilghman Wheelabrator Limited v Dwr Cymru Cyf TCC 3-Mar-1998
This was an application by the defendant to amend its defence and to add a counterclaim. In considering the application, it had to be decided whether the defendant had already served a counterclaim since, if it had not, it was entitled to add the . .
App4eal from – JFS (UK) Limited Tilghman Wheelabrator Limited v Dwr Cymru Cyf CA 18-Sep-1998
A positive averment by defendant short of a claim for relief did not constitute a ‘claim’ under the section, and the judge had jurisdiction to allow a later amendment claiming relief as an original counterclaim. It was not barred either under RSC 20 . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 March 2022; Ref: scu.135895
[2017] EWCA Civ 224
England and Wales
Updated: 24 March 2022; Ref: scu.581344
Effect of letter of intent.
Akenhead J
[2008] EWHC 1439 (TCC), 119 Con LR 32, [2008] CILL 2601
England and Wales
Updated: 07 February 2022; Ref: scu.270380
FTTTx (Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry) ONSTRUCTION INDUSTRY SCHEME – penalties – late filing of returns – one foreign sub-contractor – whether reasonable excuse – reliance on accountant – appeal allowed
[2017] UKFTT 191 (TC)
England and Wales
Updated: 06 February 2022; Ref: scu.578541
(Vat – Builders : Do -It-Yourself) VALUE ADDED TAX – DIY Housebuilders Scheme – construction of new build house – whether designed as a dwelling for purposes of subsection (35)(1A)(a) and Note (2)(c) to Group 5 of Schedule 8 to VAT Act 1994 – whether Section 75 agreement amounted to a prohibition – yes – appeal refused
[2017] UKFTT 199 (TC)
England and Wales
Updated: 06 February 2022; Ref: scu.578536
Rayor QC HHJ
[2016] EWHC 3596 (TCC)
England and Wales
Updated: 06 February 2022; Ref: scu.578211
Acton Davis QC DHCJ
[2016] EWHC 488 (TCC)
England and Wales
Updated: 06 February 2022; Ref: scu.578209
VAT – Builder’s Block restricting deduction of input tax for certain items on a supply of a new dwelling – whether block, or further restrictions from 1984 and 1987, unlawful under EU law – meaning of ‘incorporates . . in any part of the building or its site’ – meaning of ‘ordinarily installed by builders as fixtures’.
[2017] UKUT 34 (TCC)
England and Wales
Updated: 04 February 2022; Ref: scu.577819
Coulson J
[2017] EWHC 87 (TCC)
England and Wales
Updated: 31 January 2022; Ref: scu.575284
Appeal by a main contractor against a decision on preliminary issues concerning delay and extension of time. The central issue is whether any extension of time granted under the standard ‘DOM/2’ form of sub-contract must commence on what was previously the due date for completion.
Jackson, Simon, Flaux LJJ
[2017] EWCA Civ 65
England and Wales
Updated: 29 January 2022; Ref: scu.574292
FTTTx VAT – DIY self-build scheme – section 35A VATA94 and note 2(c) to Group 5, Schedule 8 VATA94 – whether the separate disposal of the dwelling was prohibited by the terms of a covenant under section 106 Town and Country Planning Act 1990 – terms of covenant considered – held they prohibit a separate disposal of the dwelling – appeal dismissed
[2017] UKFTT 132 (TC)
England and Wales
Updated: 29 January 2022; Ref: scu.574084
FTTTx (Vat – Exempt Supplies : Buildings) VAT – Zero-rating – Schedule 8 to VAT Act 1994 – Note 2(d) to Group 5 – Construction of new build home – building designed as a dwelling – retrospective planning permission – whether planning permission granted at the time of supply – appeal dismissed
[2017] UKFTT 846 (TC)
England and Wales
Updated: 29 January 2022; Ref: scu.574015
FTTTx (Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry) INCOME TAX – CONSTRUCTION INDUSTRY SCHEME – Regulation 9 CIS Regulations – failure to take reasonable care – appeal dismissed
[2017] UKFTT 833 (TC)
England and Wales
Updated: 29 January 2022; Ref: scu.573996
FTTTx (Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry) CONSTRUCTION INDUSTRY SCHEME – fixed and tax geared penalties – late filing of returns – whether reasonable excuse – no – appeal dismissed
[2016] UKFTT 822 (TC)
England and Wales
Updated: 29 January 2022; Ref: scu.573967
FTTTx (Vat – Diy Housebuilders’ Scheme) VAT – DIY housebuilders’ scheme – VAT charged at 17.5% – VAT refunded at 5% – correct level of refund -unjust enrichment – HELD – VAT refundable at 17.5% for earlier periods – unjust enrichment – outside jurisdiction – appeal allowed in part.
[2016] UKFTT 783 (TC)
England and Wales
Updated: 29 January 2022; Ref: scu.573959
Applications for declarations as to the invalidity of an alleged Interim Payment Notice and the validity of an alleged Pay Less Notice.
Alexander Nisses QC
[2017] EWHC 17 (TCC)
England and Wales
Updated: 28 January 2022; Ref: scu.573408
Application by the defendant, dated 6 January 2017, that the claimant be required to answer a request for further information, going to the advice given by the claimant’s expert at the time the decision was taken to undertake remedial work.
Coulson J
[2017] EWHC 29 (TCC)
England and Wales
Updated: 28 January 2022; Ref: scu.573404
O’Farrell DBE J
[2017] EWHC 15 (TCC)
Housing Grants, Construction and Regeneration Act 1996
England and Wales
Updated: 28 January 2022; Ref: scu.573403
Whether or not there should be an adjournment of the ‘liability’ trial.
Jefford J
[2016] EWHC 3082 (TCC)
Bailii
England and Wales
Litigation Practice
Updated: 27 January 2022; Ref: scu.572701
Jefford J
[2016] EWHC 3180 (TCC)
Bailii
England and Wales
Construction
Updated: 27 January 2022; Ref: scu.572704
ECJ Order – Public works contracts – Procedure for tender – Construction of a trigeneration plant with a gas turbine and related service – Rejection of a tender – Withdrawal of contested measure – No -Place the proceedings
ECLI:EU:T:2016:705, [2016] EUECJ T-355/14 – CO
Bailii
European
Construction
Updated: 27 January 2022; Ref: scu.572613
ECJ Order – Public works contracts – Procedure for tender – Construction of a trigeneration plant with a gas turbine and related service – Rejection of a tender – Withdrawal of contested measure – No -Place the proceedings
ECLI:EU:T:2016:706, [2016] EUECJ T-383/14 – CO
Bailii
European
Construction
Updated: 27 January 2022; Ref: scu.572580
Coulson J
[2016] EWHC 2863 (TCC)
Bailii
England and Wales
Construction
Updated: 26 January 2022; Ref: scu.571782
Tomlinson, Lewison, Hamblen LJJ
[2016] EWCA Civ 1095
Bailii
England and Wales
Construction
Updated: 25 January 2022; Ref: scu.571233
Edwards-Stuart J
[2016] EWHC 2500 (TCC)
Bailii
England and Wales
Citing:
See Also – Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd TCC 7-Oct-2016
. .
Lists of cited by and citing cases may be incomplete.
Construction
Updated: 24 January 2022; Ref: scu.570605
Fraser J
[2016] EWHC 2368 (TCC)
Bailii
England and Wales
Construction
Updated: 24 January 2022; Ref: scu.570600
Alexander Nissen QC
[2016] EWHC 2295 (TCC)
Bailii
England and Wales
Construction
Updated: 24 January 2022; Ref: scu.570599
[2016] EWHC 2062 (TCC)
Bailii
England and Wales
Cited by:
See Also – Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd TCC 19-Oct-2016
. .
Lists of cited by and citing cases may be incomplete.
Construction
Updated: 24 January 2022; Ref: scu.570604