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| Recovery of nominal / substantial damages by a non-owner. 5th February 1998 |
| by Evans LJ; Hutchison LJ; Mantell LJ. |
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| Recovery of nominal or substantial damages by a non-owner. 13th March 1998 |
| by Evans LJ; Hutchison LJ; Mantell LJ. |
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| Liability of local authorities for defects in dwellings constructed by builders in their area. (subsequently overturned by Murphy v Brentwood [1990]). 12th May 1977. |
| by Lords Wilberforce; Diplock; Simon ; Salmon; Russell. Crown Copyright |
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| Retention Monies : Interpretation of contract. 29th July 1998. |
| by His Honour Judge Bowsher. Crown Copyright |
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| Contributory liability, if any for its own losses suffered where a sub-contractor negligently fails to perform its duties safely (damaging property during cleaning operations causing asbestos pollution), where the mode of operations has been sanctioned by the employer. Held : No liability under the Law Reform (Contributory Negligence) Act 1945 : CA. 6th May 1994. |
| by Nourse LJ; Beldam LJ; Simon Brown LJ. Crown Copyright |
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| Pre HGCRA : Jurisdiction to open up and amend certificates available to judges. Northern Regional Health Authority v. Derek Crouch Construction Co. Ltd. [1984] Q.B. 644 wrongly decided and overruled. But where stated to be final arbitrators and adjudicators (see power in HGCRA and Scheme) need express power to open and revise. House of Lords. 20th May 1998. |
| by Lords Goff; Lloyd; Nolan; Hoffmann; Hope : Crown Copyright. |
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| Collateral warranty : Sub-contractor - supplier : Heat exchanger failed - repairs carried out by sub-contractor. Employer restarted production before testing carried out. Plant failed. Held : Premary responsibility for failure lay with the employer. Employer nonetheless entitled to recover repair costs and economic costs of production lost up to the time of the explosion but not thereafter. Costs of the main action to follow the event. 21st December 1993. |
| by Balcombe LJ; Stuart-Smith LJ; Peter Gibson LJ. Crown Copyright |
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| Global Claims : Landscaping contract. 7th February 1997. |
| by HHJ Humphrey Lloyd : Crown Copyright |
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| Jurisdiction : Proof of existence of a contract, containing an arbitration agreement that gave rise to jurisdiction and right to a stay to arbitration. 12th February 1999. |
| by His Honour Judge Humphrey Lloyd. Crown Copyright |
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| Lump sum contract : Substantial performance : Contractor agreed to install a central heating system. It was so defective that repair costs amounted to a quarter of the value of the contract. CA held overrulling the court of 1st instance that there was no substantial performance and the contract price was not therefore due. 13th April 1972. |
| by Sachs LJ; Buckley LJ; Cairns LJ. Crown Copyright |
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| Responsibility for loss to plant falls, by virtue of standard plant hire terms and conditions, on the hiror. Heavy crane sank into the mud. Cost of recovery lay with the hiror. 13th November 1973. |
| by Lord Denning MR; Megaw LJ; Sir Eric Sachs. |
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| Liability for occupier of land for pollution of the underground water table - torts of nuisance and Rylands v Fletcher. 9th December 1993. |
| by Lords Templeman : Goff ; Jauncey ; Lowry : Woolf. Crown Copyright |
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| Stay : An agreement to adjudicate is similar to and should be treated in the same way as an agreement to arbitrate. Contractual adjudication agreement - predating HGCRA. QBD : 4th August 1995. |
| by HHJ Humphrey Lloyd. Crown Copyright |
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| Payment problems arose in respect of a domestic contract when the employers encountered marital problems. The Builder obtained a C.C.J and entered a charge on the property. 4 years later the wife paid the sums due in order to release the charge then attempted to pursue a counterclaim for defects which was dismissed by the judge – the settlement ended all claims. CA on unsuccessful appeal from QBD. (Mr. Justice Popplewell). 5th December, 1996 |
| by Hirst LJ; Judge LJ. Crown Copyright |
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| Application for stay of court action to Dispute Review Board proceedings. 21st January 1993. |
| by Lords Keith; Goff; Jauncey; Browne-Wilkinson; Mustill : Crown Copyright |
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| Declaration granted that a dispute had not yet crystallised ?arbitration invalid. Whilst a demand had been made which had not been satisfied, insufficient detail of the complaint had been provided for the other party to be able to make any decision as to whether or not to pay. Referred to as an authority in a number of the construction adjudication cases canvassing the issue of what is a dispute. Official referee. 21st December 1994 |
| by Gilliland QC : Crown Copyright |
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| Liability of main contractor for negligence of sub-contractors - scope of MCs duty of care. 14th July 1988. |
| by Lords Bridge; Templeman; Ackner; Oliver; Jauncey. Crown Copyright |
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| Damages post assignment : third party rights : exceptions. 28th June 1994. |
| by Dillon LJ, Steyn LJ, Waite LJ. Crown Copyright |
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| Case stated : Arbitration : Did the unavailability of labour and material resulting in an overrun of 23 weeks in a construction contract strike at the heart of the contract, displacing it and making the employer liable on a quantum meruit basis for services? Held : No : Result : contract breached by late performance. House of Lords. 19th April 1956 |
| by Viscount Simonds; Lords Morton; Reid ; Radcliffe; Somervell. Crown Copyright |
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| Jurisdiction of arbitrator to continue to rule on jurisdisction once he had made an interim ruling on jurisdiction - functus officio. Construction dispute. Main contract cl 66 ICE 6th : Sub-contract cl 18 FCEC form of sub-contract, 1991 Edition. Official Referee. 7th October 1999. |
| by His Honour Judge David Wilcox. Crown Copyright |
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| Collateral contract ; Service contract : Whether this was supplemented by an oral collateral contract – whether there was a right to lawfully terminate main contract : held : no collateral contract : termination was unlawful. TCC. 8th March 1999. |
| by HHJ Peter Bowsher : Crown Copyright |
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| Abatement and Set off : Whether set off / abatement available as a defence to a claim for payment of design and drawing service – to a North Sea Oil rig available for work not done and for damages for defective works amounting to breach of contract. Held – Notionally Yes – this was a work and labour contract – not professional services but in the circumstances the contract already provided sufficient remedies so implied term for abatement not needed. QBD.Official Referee. 20th February 1996. |
| by HHJ Humphrey Lloyd : Crown Copyright |
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| Letters of Intent : Reasonable sums due and quantum meruit distinguished : where a contract is in a very brief form and does not specify sum due, costings to be determined on the evidence. 21st November 1997 |
| by Thornton J. |
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| When does an action for payment accrue and time start to run for the purposes of limitation - when work is done or on certification? Held : On certification or when the certificate should have been issued. This applies individually to interim payments and to the final account. 16th June 2005. |
| by Dyson LJ; Thomas LJ. Crown Copyright |
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| Whether or not there was a collateral contract regarding capacity of vessels for dumping spoil at sea : whether breached : and quantum of damages for breach.13th December 1977 |
| by Denning MR; Bridge LJ; Shaw LJ. Crown Copyright |
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| Letter of intent : Stay to arbitration : whether a contract - whether arbitrator had jurisdiction. AA 1950. Held : No contract – no arbitration. CA. 12th November 1999. |
| by Evans LJ, Schiemann LJ, Lindsay J. Crown Copyright |
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| Leave to amend : Section 35(3) of the Limitation Act 1980. \"... neither the High Court nor any county court... shall allow a new claim ... other than an original set-off or counterclaim, to be made in the course of any action ... \" Leave granted. TCC. 3rd March 1998 |
| by Thornton Q.C. Crown Copyright |
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| Liability of specialist nominated sub-contractor for economic loss to a factory for the negligent laying of the factory floor - where the factory owner relied upon the skill of the floor layers. 15th July 1982 |
| by Lords Fraser; Russell ; Keith; Roskill; Brandon. |
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| Employer assignment of benefit of construction contract - whether effective and whether original employer can recover on behalf of subsequent owner. Prohibition against assignment of benefit and burden under a construction contract. Joint action with St. Martins Property Corp Ltd v Sir Robert McAlpine & Sons Ltd. 22nd July 1993. |
| by Lords Keith ; Bridge ; Griffiths; Ackner; Browne-Wilkinson. Crown Copyright |
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| Abatement and set off under DOM/1. Inter-relationship between set off and abatement : Are they mutually exclusive? CA. 15th October 1997 |
| by Butler-Sloss LJ; Hobhouse LJ; Buxton LJ. Crown Copyright |
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| Payment claim : validity of assignment - whether or not set off allowed. 20th January 1997. |
| by Bowsher J. Crown Copyright |
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| Letters of Intent : Whether or not a contract brokered and if so on what terms. Judge found there was no contract. This was a finding of fact not law and thus not amenable to appeal. 12th March 1998. |
| by Evans LJ; Peter Gibson LJ; Thorpe LJ; Crown Copyright |
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| Letters of comfort / intent : whether a contract existed : whether party estopped from denying a contract.: TCC. 2nd December 1998 |
| by His Honour Judge Hicks QC. Crown Copyright |
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| Liability of Local Authorities for negligently approving construction works. Overturns Anns v Merton LBC - discusses pure economic loss and policy issues. 26th July 1990. |
| by Lords Mackay (LC) ; Keith; Bridge; Brandon ; Ackner; Oliver ; Jauncey. Crown Copyright |
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| Arbitration clause gave arbitrator power to open up review & revise architects certificates. Held : power confined to arbitrator on whom conferred : not available to a court. Application to stay arbitration refused since arbitration was the only way to challenge an architect's certificates. NB Beaufort v Gilbert-Ash overturned Crouch : HGCRA gives adjudicators the power to open up and revise certificates. CA. 17th February 1984. |
| by Donaldson M.R. Dunn LJ, Browne-Wilkinson LJ. Crown Copyright |
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| Contract formation : The court had to decide whether or not a construction contract had been concluded. The court concluded that a contract had been concluded, either as confirmed by a series of communications or at the very least on the basis of Brogden v Metropolitan Railway (1877) 2 A.C. 666 implied contract by performance. cf what is a ?written contract? for the purposes of adjudication and arbitration. CA. 20th July 1992. |
| by Neill LJ, Gibson LJ Steyn LJ : Crown Copyright |
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| Consolidation of tenders; Rackline made three tenders and asserted that if accepted they would constitute one contract. Court held : Library accepted contract No3 alone. 16th April 1999. |
| by Roch LJ; Tuckey LJ; Otton LJ. Crown Copyright |
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| Measure of damages. Sums paid in settlement on compromise of disputed claim by a non-party. Whether Biggin v Permanite principle applicable if liability as well as quantum compromised. 8th January 1999. |
| by HHJ John Hicks QC. Crown Copyright |
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| Damages for breach of contract : Assessment based on economic loss - not on cost of restatement unless it goes to the heart of the commercial purpose of the contract. 29th June 1995 |
| by Lords Keith; Bridge ; Jauncey ; Mustill; Lloyd : Crown Copyright |
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| Liability of a mortgage company valuer to the purchasor to exercise a duty of skill and care where purchasor relies on the information. 20th April 1989 |
| by Lords Keith; Brandon ; Templeman; Jauncey. Crown Copyright |
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| Liability of a contractor for interrupting electricty supply to a steel works limited to physical loss. Pure economic loss - viz lost production not covered by the tort of negligence. 22nd June 1972. |
| by Lord Denning M.R. : Edmund-Davies LJ; Lawton LJ, Crown Copyright |
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| Whether or not there was a contract and whether payment due on terms of contract or quantum meruit. Existence of a contract : Novation : Letters of Intent : Yes : Blue Form. Terms determined by construction of agreement - not through conflicting evidence. 14th April 1997. |
| by HHJ Peter Bowsher. Crown Copyright |
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| Tomlin Order - settlement of building dispute. Remedial work involved. Claimants then sought a declaration that the plaintiffs costs of and concerned with the implementation of the order are to be borne by the defendant. Order granted. : 7th March 1997. |
| by HHJ Humphrey Lloyd. Crown Copyright |
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