All Case of the week articles 鈥� Page 6
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CommentSettled agreements: Thameside Construction Company Ltd vs Arthenella Ltd
This case highlights the importance of caution when entering settled agreements, and that once accepted, an offer to settle cannot be picked apart
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CommentPre-action disclosure: PHD Modular Access Services vs Seele GmbH
Think carefully before seeking pre-action disclosure, as it will only be granted where court proceedings are anticipated
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CommentImpartiality of arbitrators: A and others vs 1) B 2) X
This case lead to an examination of whether an arbitrator鈥檚 impartiality was in doubt, and showed that there can be conflict during a proceedings not just at the outset
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CommentBreach of public procurement rules: Henry Brothers (Magherafelt) Ltd & Ors vs Department of Education for Northern Ireland
This case shows that framework agreements can be set aside as a remedy for breach of procurement rules
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CommentVariations of a guarantee: Hackney Empire Ltd vs Aviva Insurance UK Ltd
This case highlights what can happen when employers enter into side agreements with contractors, as these agreements may not be covered by the bond
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CommentMultiple disputes in adjudiation: Witney council vs Beam Construction Ltd
Can more than one dispute be referred to an adjudicator?
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CommentNegligence and complex structures: Broster & Ors v Galliard Docklands Ltd & Anor
This case highlights the fact that structures need to be considered as a whole when establishing a duty of care
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CommentNatural justice: Hyder Consulting (UK) Ltd v Carillion Construction Ltd
In this case, the court considered whether an adjudicator鈥檚 decision should be enforced given the adjudicator鈥檚 adoption of a particular methodology
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CommentDamages: Harrison vs (1) Shepherd Homes (2) National Housebuilding Council (3) NHBC 黑洞社区 Control Services
This case looks at Damages in respect of defective work, loss of amenity, distress and ilegnconvenience
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Comment
Fitness for purpose: Baylis Farms Limited vs R B Dymott Builders Ltd
This case concerns a blocked drain following completion of works that was not 鈥渇it for purpose鈥�
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Comment'Just and equitable': Carillion JM vs Phi Group
In this case the court considered the meaning of 鈥渟ame damage鈥� and a 鈥渏ust and equitable鈥� contribution under the Civil Liability (Contribution) Act 1978.
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CommentAdjudication clauses: Profile Projects Ltd vs Elmwood (Glasgow) Ltd
Although this is a Scottish decision (and so not directly binding on English courts) it is interesting for two reasons
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CommentAdvance payment guarantees: Meritz Fire and Marine Insurance vs Jan de Nul NV and Codralux SA
In this case the court looked at whether the advance payment guarantees that were the subject of the claim were performance bonds (otherwise known as demand guarantees) or pure guarantees.
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CommentApparent bias in adjudication: Lanes Group vs Galliford Try Infrastructure
Can a preliminary views document lead to bias in an adjudication?
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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CommentJones vs Kaney: Expert witnesses lose immunity from suit
The Supreme Court abolished the immunity from suit for breach of duty that expert witnesses previously enjoyed in relation to their participation in legal proceedings
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CommentCollateral warranties: Scottish Widows Services vs BDP
Although this case focuses on Scottish law (and is therefore not binding in English law) it is a useful example and demonstrates the importance of securing collateral warranties
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CommentCivil Litigation Costs: Sousa vs London borough of Waltham Forest council
Until legislation is passed to alter the situation, local authorities can be stung by 100% success fees when claims are made against them
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CommentDefective Premises Act: Mr and Mrs Jenson vs Spencer Roy Faux
This case explains why 鈥檅uyer beware鈥� should be the first rule of thumb when buying a house