 |
| Date |
Issue |
|
Judgment |
49 cases found.
| 18.12.2002 |
Measure of damages for breach of contract where the cost of reinstatement is disproportionate to the loss suffered. |
|
McLaren Murdoch & Hamilton Limited -v- The Abercromby Motor Group Limited, Outer House, Court of Session 22 November 2002 |
| 11.12.2002 |
Whether a party's own costs in preparing its case will be recoverable in arbitration or litigation. |
|
Amec Process & Energy Limited -v- Stork Engineers & Contractors, TCC 15 March 2002 |
| 04.12.2002 |
Applying a cross claim to resist enforcement of an adjudicator's decision. |
|
Bovis Lend Lease Limited -v- Triangle Developments Limited, TCC 2 November 2002 |
| 27.11.2002 |
Whether delay damages may be imposed during a period when the employer's tenant has commenced fit out works throughout the entirety of the site. |
|
Skanska Construction (Regions) Limited -v- Anglo-Amsterdam Corporation Limited, TCC 20 June 2002 |
| 20.11.2002 |
Whether professional services are subject to adjudication under the Construction Act and whether liabilities incurred in adjudication proceedings constitute recoverable loss. |
|
Gillies Ramsay Diamond -v- PJW Enterprises Limited, Court of Session 27 June 2002 |
| 13.11.2002 |
The measure of damages as a proportion of the benefits obtained by the defendant. |
|
Amec Developments Limited -v- Jury's Hotel Management (UK) Limited, 17 November 2000 |
| 06.11.2002 |
The operation of pay when paid under the DOM/1 form of subcontract. |
|
Aqua Design and Play International Limited and Fenlock Hansen Limited v Kier Regional Limited, CA 14 May 2002 |
| 30.10.2002 |
Enforcement of an adjudicator's decision in favour of a sub-contractor, when employment of that sub-contractor has been determined under the terms of the sub-contract. |
|
Levolux AT Limited -v- Ferson Contractors Limited, TCC 26 June 2002 |
| 23.10.2002 |
Whether a refusal to adopt ADR procedures might be penalised by the court in an adverse order for costs. |
|
Hurst -v- Leeming, 9 May 2002 |
| 16.10.2002 |
Whether construction contracts contain implied warranties in respect of defective materials and goods. |
|
Young & Marten -v- McManus Childs, HL 10 July 1968 |
| 09.10.2002 |
Deduction of liquidated damages where the employer is partly to blame for delay. |
|
Peak Construction (Liverpool) Ltd -v- McKinney Foundations Ltd, CA 1 July 1970 |
| 02.10.2002 |
The status of an architect's certificate. |
|
Lubenham Fidelities & Investments Co -v- South Pembrokeshire District Council, CA 4 March 1986 |
| 25.09.2002 |
The effect of including a programme and a method statement as a contract document. |
|
Yorkshire Water Authority -v- Sir Alfred McAlpine (Northern) Limited, Commercial Court 25 June 1985 |
| 18.09.2002 |
Whether parties to a joint names policy can be liable to a third party who is successfully sued under rights of subrogation. |
|
Co-operative Retail Services Limited -v- Taylor Young Partnership and Hoare Lee and Partners, HL 25 April 2002 |
| 11.09.2002 |
Enforcement of adjudicator's decisions and raising set-off claims. |
|
The Construction Centre Group Ltd -v- The Highland Council. Court of Session 23 August 2002 |
| 04.09.2002 |
Review of statutory provisions for the payment of interest on late payments. |
|
Late Payment of Commercial Debts Regulations 2002 |
| 28.08.2002 |
Whether delay damages may be imposed during a period when the employer has beneficial use of the building. |
|
Impresa Castelli SpA -v- Cola Holdings Limited, TCC 2 May 2002 |
| 21.08.2002 |
Whether an adjudicator can validly decide upon the existence of a contract as a finding of fact, thereby establishing his jurisdiction to deal with disputes arising under that contract. |
|
Brenton -v- Palmer, TCC 19 January 2001 |
| 14.08.2002 |
Establishing a contractual quantum meruit. |
|
ACT Construction Limited -v- E Clarke & Sons (Coaches) Limited, Court of Appeal 16 July 2002 |
| 07.08.2002 |
Reviewing adjudicator's decisions by arbitration. |
|
J T Mackley & Co Limited -v- Gosport Marina Limited, TCC 3 July 2002 |
| 31.07.2002 |
Incorporation of ground condition reports into the contract and responsibility for contractor's development of design. |
|
Co-operative Insurance Society Limited -v- Henry Boot Scotland Limited, TCC 1 July 2002 |
| 24.07.2002 |
Review of the Construction Umbrella Bodies' Adjudication Task Group document entitled "Guidance for Adjudicators". |
|
Guidance for adjudicators |
| 17.07.2002 |
Dealing with concurrent delays arising after the date for completion of the works. |
|
Motherwell Bridge Construction Ltd -v- Micafil Vakuumtechnik, TCC 31 January 2002 |
| 10.07.2002 |
Whether a professional person can rely upon the statute of limitations as a defence to actions for professional negligence. |
|
Cave -v- Robinson Jarvis & Rolf, HL 25 April 2002 |
| 03.07.2002 |
Payment of interest or financing charges. |
|
Amec Process & Energy Limited -v- Stork Engineers & Contractors BV (No4), TCC 15 March 2002 |
| 19.06.2002 |
The application of express terms dealing with the absence of payment notices. |
|
Watkin Jones & Son Limited -v- Lidl UK GmbH(2), TCC 27 December 2001 |
| 12.06.2002 |
Various contentions concerning the enforcement of an adjudicator's decision. |
|
Total M & E Services Limited -v- ABB Building Technologies Limited, TCC 26 February 2002 |
| 05.06.2002 |
Use of delay analysis and the role of an adjudicator. |
|
Balfour Beatty Construction Limited -v- The London Borough of Lambeth, TCC, 12 April 2002 |
| 29.05.2002 |
The effect of an architect's certificate in establishing the amount due under the contract. |
|
Clark Contracts Ltd -v- The Burrell Co (Construction Management) Ltd, OH Court of Session, January 2002 |
| 22.05.2002 |
The measure of damages flowing from negligent advice. |
|
Purdie and Purdie -v- Scott Dryburgh, Inner House Court of Session 10 May 2000 |
| 15.05.2002 |
The manner in which global claims for loss and expense may be acceptable. |
|
John Doyle Construction Ltd -v- Laing Management (Scotland) Ltd, OH, Court of Session, 18 April 2002 |
| 08.05.2002 |
The use of mediation, or other forms of ADR, as part of the requirement for case management under the Civil Procedure Rules. |
|
Susan Jane Dunnett -v- Railtrack plc, CA 22 February 2002 |
| 01.05.2002 |
Whether a counterclaim and set-off can be raised against an adjudicator's decision. |
|
Parsons Plastics (Research and Development) Ltd -v- Purac Ltd, CA 12 April 2002 |
| 24.04.2002 |
Liability of architects in the tort of negligence in respect of design defects. |
|
Baxall Securities Limited -v- Sheard Walshaw Partnership, CA 22 January 2002 |
| 17.04.2002 |
Setting the adjudicator's jurisdiction by reference to the notice of adjudication. |
|
Chamberlain Carpentry & Joinery Limited -v- Alfred McAlpine Construction Limited, TCC 25 March 2002 |
| 10.04.2002 |
The extent of an architect's duty to inspect or supervise a contractor's work. |
|
Consarc Design Limited v Hutch Investments Limited, TCC 19 February 2002 |
| 03.04.2002 |
The extent to which "new" facts and matters may be relied upon in an adjudication. |
|
Edmund Nuttall Limited -v- R G Carter Limited, TCC 21 March 2002 |
| 27.03.2002 |
Whether a set-off can be raised as a defence to a claim which arises under a separate contract. |
|
Bim Kemi -v- Blackburn Chemicals, CA 3 April 2001 |
| 20.03.2002 |
Whether oral contracts may be subject to the provisions of the Construction Act. |
|
RJT Consulting Engineers Limited -v- DM Engineering (NI) Limited, Court of Appeal 8 March 2002 |
| 13.03.2002 |
Procedures for resisting enforcement of an adjudicator's decision. |
|
Shimizu Europe Limited -v- Automajor Limited TCC 17 January 2002 |
| 06.03.2002 |
Whether a set off or cross claim can be raised to defeat the enforcement of an adjudicator's decision. |
|
Solland International Limited -v- Daraydan Holdings Limited, TCC 15 February 2002 |
| 27.02.2002 |
Whether a statutory undertaker owes duties of care to individuals separable from the exercise of their statutory duties. |
|
Peter Marcic -v- Thames Water Utilities Limited, Court of Appeal 7 February 2002 |
| 20.02.2002 |
The application of limitation or prescription periods in claims for breach of contract. |
|
Scottish Equitable plc -v- Miller Construction Limited, Inner House Court of Session 31 August 2001 |
| 13.02.2002 |
Whether an adjudicator's perceived error can be categorised as an excess of jurisdiction. |
|
C & B Scene Concept Design -v- Isobars, CA 31 January 2002 |
| 06.02.2002 |
Contractual and commercial issues arising during 2001. |
|
Various |
| 30.01.2002 |
The use of statutory demands to force the payment of monies decided by an adjudicator. |
|
William and David Oakley -v- Airclear Environmental Limited HC 4 October 2001 |
| 23.01.2002 |
Challenging the reasonableness of adjudicator's fees. |
|
Stubbs Rich Architects -v- W H Tolley & Son Limited, CC 8 August 2001 |
| 16.01.2002 |
Whether a set off can be raised to defeat the enforcement of an adjudicator's decision. Whether a set off can be raised to defeat the enforcement of an adjudicator's decision. |
|
David McLean Housing Contractors Limited -v- Swansea Housing Association Limited, TCC 27 July 2001 |
| 09.01.2002 |
Discussion of the circumstances which will give rise to an entitlement to treat a contract as repudiated. |
|
Shyam Jewellers Limited -v- M Cheeseman, CA 29 November 2001 |
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