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| Jurisdiction : Threshhold : Power station ? exclusion under s105(2)(c)&(d) - in furtherance of power station operations. TCC. 1st August, 2000 |
| by His Honour Judge Humphrey Lloyd : Crown Copyright |
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| Jurisdiction : Threshhold : Work on standby generators not within exclusion under s105(2)(c)&(d) - business furthered was printing not power generation. HGCRA applied. TCC. 12th December 2000 |
| by His Honour Judge Bowsher : Crown Copyright |
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| Enforcement of decision : Adjudicator?s jurisdiction not ousted by arbitration clause : HGCRA overrides s9 Arbitration Act 1996 & Halki Shipping. 16th July 2000. |
| by His Honour Judge David Wilcox : Crown Copyright |
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| Jurisdiction : Threshhold : The works commenced before HGCRA came into force, but since the contract was only finally agreed later, the Act applied. 18th February 2000. |
| by His Honour Judge Thornton : Crown Copyright |
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| Notice of Dispute : Jurisdiction : An adjudicator can consider several issues (claims) relating to a dispute ? but cannot consider more than one dispute. TCC. 27th July 2000. |
| by CHS - Summary : His Honour Judge Gilliland. |
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| Slip rule applies to adjudication ? adjudicator can correct mere mistakes in decision to reflect original intention. 5th April 2000. |
| by His Honour Judge Toulmin : Crown Copyright |
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| Mistakes enforceable : Even if a decision is wrong it is still enforceable in the absence of wrong doing by adjudicator. CA. 31st July 2000. |
| by Peter Gibson LJ, Chadwick LJ, Buxton LJ. Crown Copyright |
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| Can a contract put the legal and adjudication costs on the referring party? TCC. 11th April 2000. |
| by His Honour Judge Mackay : Crown Copyright |
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| Insolvency :Impact on jurisdiction to Adjudicate : Where a defendant is in administration it is unlikely under s11 Insolvency Act that permission will be granted for an adjudication. Royal Courts of Justice. London. 9th November 2000. |
| by Deputy Judge DKR Oliver : Crown Copyright |
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| Jurisdiction External : Parties cannot pre-contract out of HGCRA : Adjudicator can rectify terms of a contract. TCC. 29th June 2000. |
| by His Honour Judge Thornton : Crown Copyright |
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| Final Account : Decision on entitlement on final account does not override contractual retainer provisions : payment will be in due course as per contract. TCC. 4th February 2000 |
| by His Honour Judge Humphrey Lloyd : Crown Copyright |
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| Existence of contract referred to arbitration : Before award reference made to adjudication : Held : Adjudicators decision held in obeyance for award. 7th September 2000. |
| by His Honour Judge Thornton : Crown Copyright |
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| Bias : Natural Justice : Enforcement refused because the adjudicator had secret conversations with one of the parties. Amended Judgement.9th August 2000. |
| by His Honour Judge Bowsher : Crown Copyright |
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| Slip Rule : Set off : Adjudicator can correct minor slips if he moves quickly : If liquidated damages are not claimed at adjudication, no set off. 14th April 2000. |
| by His Honour Judge Dyson : Crown Copyright |
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| Natural Justice : Pleadings at enforcement hearing do no prevent a subsequent full trial : Adjudication is not contrary to Art VI Human Rights Act. 30th August 2000. |
| by His Honour Judge Richard Havery : Crown Copyright |
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| Jurisdiction - internal : A notice cannot be limited to part of a dispute ? but it can be in general terms including ?How much money is due?? TCC. 4th January 2000. |
| by His Honour Judge Thornton : Crown Copyright |
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| Insolvency of defendant : Bankruptcy loomed for a party with a valid claim against the claimant seeking to enforce adjudication via a statutory demand : Stay ordered. Ch.Div. 2nd August 2000. |
| by His Honour Judge Boggis : Crown Copyright |
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| Adjudicator : Oral contract : Para 8 Scheme : Adjudicator cannot act on two disputes on separate contract without agreement of both parties : Involved two oral demolition contracts. TCC. 24th Febrary 2000. |
| by His Honour Judge Bowsher : Crown Copyright |
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| Insolvency : Challenging evidence of decision and equitable set off not ground to resist enforcement : Insolvency hearing pending ? award to be paid into court. 24th November 2000. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Concurrent actions : Insolvency : Enforcement may be refused if proof of inability to repay established. Failed to do so in this case. Litigation proceedings by one party does not prevent the other preceeding to adjudication in the interim period. TCC. 14th April 2000. |
| by His Honour Judge Dyson : Crown Copyright |
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| Concurrent actions : Insolvency : Enforcement may be refused if proof of inability to repay established. Failed to do so in this case. Litigation proceedings by one party does not prevent the other preceeding to adjudication in the interim period. QBD. 28th July 2000. |
| by His Honour Judge Humphrey Lloyd QC. : Crown Copyright |
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| Appointment mechanism : If s108 not fully implemented Scheme applies : Parties must conform to appointment procedure : declaration available if procedure defective. TCC. 6th June 2000. |
| by His Honour Judge Toulmin : Crown Copyright |
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| Payment provisions : Application for Judicial Review. Parties cannot agree that a contract complies with the Payment Scheme - only the adjudicator/court.Outer House Court of Session. 21st December 2000. |
| by Lord Caplan : Crown Copyright |
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| Notice of intention : Notice failed to clearly identify all the issues subsequently referred : Only the one clear matter enforceable and claimant liable to costs on the rest. 21st July 2000. |
| by His Honour Judge Humphrey Lloyd : Crown Copyright |
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| Cherry picking elements of an adjudicator's decision : KNS sought to cherry pick elements of decision ? ie award on one aspect and deny award on reduction and then enforce payment of larger amount. TCC. 17th July 2000 |
| by His Honour Judge Humphrey Lloyd : Crown Copyright |
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| Written contract : Evidence of lack of written contract to resist enforcement insufficient : Also suggested since matter not pleaded, estoppel. 16th October 2000. |
| by His Honour Judge Toulmin : Crown Copyright |
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| Jurisdiction on jurisdiction : Parties gave adjudicator right to decide jurisdiction : even if wrong the court would not interfere : Likewise on costs. 22nd February 2000. |
| by His Honour Judge David Wilcox : Crown Copyright |
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| Voluntary adjudication : If parties contract into adjudication, the courts will enforce the outcome even though it is otherwise outside the HGCRA. 14th April 2000. |
| by His Honour Judge Gilliland : Crown Copyright |
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| Jurisdiction Internal : A repudiation of contract matter not covered by notice : Adjudicator had no jurisdiction : No power to award costs unless conferred by parties. 24th January 2000. |
| by His Honour Judge Bowsher : Crown Copyright |
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| Construction Contract : Maintenance of gas appliance in community owned residential properties is within HGCRA. 30th June 2000. |
| by His Honour Judge Dyson : Crown Copyright |
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| Indemnity costs less ADR cost : Cost hearing on failed s24/25 CPR applications by a domestic house builders who provided no final account and refused to wait for D?s valuation report. Offer of adjudication rejected - though adjudicator had agreed to act. Adjudication considered a viable ADR and costs accordingly for unreasonable behaviour in refusing to either adjudicate or mediate. 8th March 2000. |
| by His Honour Judge David Wilcox. Crown Copyright |
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| Meaning of Dispute : Can an adjudicator deal with additional matters not contained in the notice of adjudication? Full referral needed : Court will not interfere with appointment and stay adjudication even though defendant objects : caveat - enforcement may not subsequently be granted. 21st June 2000. |
| by His Honour Judge Thornton : Crown Copyright |
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| Construction Contract : Conversion of a barn to a residence can be a residential construction contract even though occupation not possible till completion. Considers where part of development is commercial and part is for residence of developer. 28th January 2000. |
| by His Honour Judge Overend : Crown Copyright |
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| Construction Dispute : Factors which might vitiate a contract, eg duress, mistake etc are not construction contract disputes. Was a settlement due to duress? Litigate for the answer. 27th July 2000. |
| by His Honour Judge Lloyd, Q.C. : Crown Copyright |
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| Security : Arrestment : Money arrested as a security by the court even though the sum seized exceeded the amount the adjudicator had held to be due. Not oppressive. Extra Division, Inner House Court of Session. 23rd June 2000 |
| by Lord Prosser, Lord Philip,Lord Caplan. Crown Copyright |
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| Withholding notice : A withholding notice must come after, not before an application and must be in writing in order to be effective. Outer House Court of Session. 18th May 2000. |
| by Lord Hamilton : Crown Copyright |
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| Construction Contract : Only a court can finally determine whether or not a contract is a construction contract but an adjudicator can determine terms of the contract. TCC. 12th April 2000. |
| by His Honour Judge Gilliland : Crown Copyright |
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| Legal personality : Defendants unsuccessfully asserted that their agent was in fact the Principal and so they were not parties to the construction contract. 24th August 2000. |
| by His Honour Judge David Wilcox : Crown Copyright |
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| Withholding notice : Defendant cannot exercise a set off against a payment other than by raising it as a defence during the adjudication : not available against the award. 13th January 2000. |
| by His Honour Judge John Hicks : Crown Copyright |
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| Jurisdiction : An invitation by the parties to decide upon jurisdiction gives the adjudicator jurisdiction ? a decision which is enforceable even if wrongly decided. 9th August 2000. |
| by His Honour Judge Bowsher : Crown Copyright |
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| Bias : disclosure of legal advice to adjudicator : An appearance of bias resulted from the adjudicator not disclosing information to a party and taking legal advice without inviting comment. 7th July 2000. |
| by His Honour Judge Thornton : Crown Copyright |
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| Construction Contract : Court held it alone had power to rule on existence of construction contract : Held contract concluded post HGCRA which therefore applied. 16th February 2000. |
| by His Honour Judge David Wilcox : Crown Copyright |
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