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| Enforcement of decision : Contract terms cannot exclude HGCRA adjudication or enforcement ? but challenges to decisions may be deferred to end of project. Outer House Court of Session.17th December 2002. |
| by Lord Drummond Young : Crown Copyright |
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| Stay of enforcement : Application for enforcement : Defendant issued proceedings for final determination and sought a stay of enforcement pending outcome of trial. Enforcement granted : No justification provided to stay enforcement. TCC. 16th August 2002. |
| by CHS - Summary : Judgment : Judge Richard Seymour QC. |
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| Stay of Execution ordered but due to claimant's parlous financial state payment into court ordered pending outcome of court case.TCC. 15th February 2002. |
| by His Honour Judge Seymour : Crown copyright |
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| Receivership: Jurisdiction : Supply of plant & operator covered by HGCRA : Claimant in receivership so payment into court ordered. TCC. Birmingham. 6th December 2002. |
| by Her Honour Judge Frances Kirkham : Crown Copyright |
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| Misconduct Stay granted : Adjudicator produced a critical path analysis, establishing a right to extension of time : defendant not consulted on analysis ? unfair ? no enforcement. 12th April 2002. |
| by His Honour Judge Humphrey Lloyd : Crown Copyright |
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| Misconduct : Adjudicator's decision quashed : Adjudicator failed to decide the issues ? asserted questions invalid ? decision quashed. Extra Division, Inner House Court of Session. 17th December 2002. |
| by Lord Johnston, Lord President, Lord Weir. Crown Copyright |
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| Stay of Action : Counterclaim : Defendant sought to stay enforcement pending counterclaim because of pending bankruptcy. Prima facie case not made: stay refused. Outer House Court of Session. 3rd May 2002. |
| by Lord Dummond Young : Crown Copyright |
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| Jurisdiction : Bias : Adjudicator sought advice from a QS. Held - allowed to do so : He awarded damages for breach of contract and determined the sum due - as requested - on final account. Held : No application for damages in referral - excess of jurisdiction. No enforcement. TCC. 14th August 2002 |
| by CHS - Summary : Judgment : His Honour Judge Seymour QC, |
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| Set off is not allowed against undertermined claims but is available against liquid debts and concurrent judgements. 2nd November 2002. |
| by His Honour Judge Richard Thornton : Crown Copyright |
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| Error of Law : Adjudicator answered right question incorrectly : applied cl 30.5 JCT not Scheme : Appeal upheld ? adjudicator?s decision enforceable. CA. 31st January 2002. |
| by Potter LJ, Rix LJ, Murray Stuart-Smith LJ. Crown Copyright |
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| Meaning of Dispute : Claimant gave notice before defendant had had a chance to consider and respond to the claim : Dispute not yet cristalized. 27th November 2002. |
| by His Honour Judge Bowsher : Crown Copyright |
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| Meaning of Dispute : Single dispute with 8 points of claim including costs of adjudication held to be ?a dispute? within HGCRA not multiple disputes. 25th March 2002. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Third Party Rights : Following on from enforcement of the adjudication decision in favour of the claimant, the court considered a counterclaim, which was essentially for the benefit of a subsidiary company. Held : No recovery - the subsidiary should claim in its own right. Glasgow. October 2002. |
| by Sheriff James A Taylor : Crown Copyright |
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| Notice details : Is it sufficient to claim sum due under an architect?s certificate without further detail? Yes, if a sum due under the terms of the contract. Glasgow. 31st January 2002. |
| by Sheriff James A Taylor : Crown Copyright |
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| Enforcement, set off : Withholding notice: Liquidated damages formed subject matter of a withholding notice issued after adjudicator?s decision : held too late ? enforcement granted. Outer House Court of Session. 23rd August 2002. |
| by Lord MacFadyen : Crown Copyright |
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| Construction contract : Existence of Dispute : Architectural design is a construction contract : Eight weeks notice does not constitute ambush ? dispute had chrystalised. 15th November 2002. |
| by Her Honour Judge Frances Kirkham : Crown Copyright |
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| Default adjudication decision. Non-payment of progress payment : suspension of works : adjudication application for payment : employer received threats of physical violence : moved out of area : lawyer requested extension of time but not granted : police involved in investigations of allegations. application to enforce default judgement refused. Judge Mackay. 28th March 2002. |
| by CHSpurin Summary : Judgement of HHJ Mackay. |
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| Construction Contract : Insufficient written terms to constitute a construction contract under s107 HGCRA 1996, so payment provisions s111, 112 not applicable. 14th October 2002. |
| by Her Honour Judge Frances Kirham : Crown Copyright |
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| Construction Contract : A minor variation in respect of fees did not turn a pre-HGCRA contract into a relevant Construction Contract. 14th February 2002. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Enforcement of decision : Contract purported to postpone judicial review to end of contract and subject to consent of all parties. Held : This did not prevent enforcement. Outer House Court of Session. 2nd August 2002. |
| by Temporary Judge T.G.Coutts QC. Crown Copyright |
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| Meaning of Dispute : Dispute in the notice and referral were set out on quite different grounds : No dispute had thus arisen : Enforcement denied. 21st March 2002. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Human Rights Act : Arrestments and inhibitions under Scottish Law Considered.Dunfermline Sheriff's Court. 22nd March 2002. |
| by S.J.Forbes. Crown Copyright |
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| Jurisdiction : Fees of architect : Adjudicator held a RIBA contract concluded : Court found no evidence of such a contract so adjudicator had no jurisdiction. TCC. 19th December 2002. |
| by His Honour Judge Toulmin : Crown Copyright |
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| Construction Contract : Written evidence of contract found by the court : Proposer of a Company can act as agent of a Company before its incorporation so that the Company is a contracting party. 27th February 2002. |
| by His Honour Judge Toulmin : Crown Copyright |
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| Error of law on face of record : Surveying is covered by HGCRA : Adjudicator can award damages : Adjudicator may be wrong ? no challenge ? but adjudicator must ask himself the right question. Outer House Court of Session. 27th June 2002. |
| by Lady Paton : Crown Copyright |
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| Insolvency of defendant : Lock out ? non-payment : Adjudication : non-payment : Statutory demand ? asserted a counterclaim ? Statutory demand enforced : Chancery Div. Companies Court. 28th October 2002. |
| by Mr Justice Ferris : Crown Copyright |
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| Withholding notice : No after the event set off permitted against decision where issue not put to adjudicator and no Witholding notice issued. Sheriff of Lothian and Borders. 20th August 2002. |
| by Sheriff Isobel Anne Poole. Advocate : Crown Copyright |
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| Meaning of Dispute : Adjudication commenced the day after a claim asserted. Held : Contract allowed 10 days for response to claim ? so no dispute had chrystalised. 15th August 2002. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Jurisdiction of the court : Waiver : Parties adjudicated certain disputes but then agreed to refer other issues to court : Held : agreement overrode contract provisions for arbitration etc. 2nd May 2002. |
| by His Honour Judge Thornton : Crown Copyright |
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| Arbitration challenge : Clause 66 ICE : Engineer?s decision a pre-requisite of arbitration, even for a challenge to an adjudication decision. 3rd July 2002. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Human Rights Act & HGCRA : Arrestments and inhibitions under Scottish Law Considered ? Implications of HRA to striking out for lack of diligence in pursuing a suit. Outer House Court of Session. 14th January 2002. |
| by Lord Drummon Young : Crown Copyright |
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| Payment provisions : Parties cannot agree that a contract complies with the Payment Scheme - only the adjudicator/court. Exra Division, Inner House Court of Session. 22nd January 2002. |
| by Lord Marnoch, Lord Dawson, Lord Clarke. Crown Copyright |
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| Enforcement of decision : Contract provided that on termination of contract no further sums payable : Could a post adjudication termination defeat decision ? NO. 26th June 2002. |
| by His Honour Judge David Wilcox : Crown Copyright |
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| Successful application to CA to appeal decision of HHJ David Wilcox TCC. (The appeal is reported at Ferson v Levolux [2003] EWCA. Civ 11) 8th August 2002. |
| by Pill LJ, Jonathan Parker LJ. Crown Copyright |
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| Tax due on award : Adjudicator made a decision on global sum due including tax even though tax issue not pleaded. Held : He could do so ? and lower sum only claimed. 12th April 2002. |
| by His Honour Judge David Wilcox : Crown Copyright |
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| Stay of enforcement : Employer sought a stay of enforcement of an adjudicator's decision pending outcome of dispute on final account. In the circumstances no special circumstances existed to justify a stay. TCC. 22nd March 2002. |
| by CHS - Summary : His Honour Judge David Wilcox. |
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| Compliance with s108 and scheme : Despite parties agreement that contract compliant ? adjudicator ruled non compliant : Held could do so even though not point not argued by parties. Appeal Failed. CA. 12th April 2002. |
| by Pill LJ, Mummery LJ, Latham LJ. Crown Copyright |
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| Bias:Same adjudicator acted on 4 related adjudication involving different parties. Ask to step down. Refused. Prior knowledge etc caused prejudice. TCC : 31st July 2002. |
| by His Honour Humphrey Lloyd : Crown Copyright |
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| Concurrent actions : The commencement of court action, without mutual waiver of right to adjudicate, leaves other party with right to adjudicate in the interim period. 8th February 2002. |
| by Sheriff Principal Edward F Bowen QC. 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. Note however that enforcement may not subsequently be granted. 18th April 2002. |
| by His Honour Judge Bowsher : Crown Copyright |
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| Successful appeal : The essential elements of the contract relevant to the dispute subsequently reduced to writing. Mre fact that some minor facets of the contract not in writing not significant enought to prevent compliance with requirements of s107 ? declaration of compliance granted. CA. 8th March 2002. |
| by Auld LJ, Ward LJ, Robert Walker LJ. Crown Copyright |
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| Errors of Adjudicator :Parties cannot cherry pick parts of a decision ? it applies all or nothing : If adjudicator gets damages award wrong ? challenge in arbitration. 17th January 2002. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| End of jurisdiction : Once an arbiter delivers his final decision he becomes functus officio and cannot without fresh appointment go on to determine further issues. Outer House Court of Session. 5th June 2002. |
| by Lord Clarke : Crown Copyright |
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| Double Jeopardy : Application to stay adjudication on grounds of trying same dispute : Court held, whilst same contract, issues concerned different stages of contract. Outer House Court of Session. 28th November 2002. |
| by Lady Paton : Crown Copyright |
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| Set off : Could an adjudication decision be set off against liquidated damages claim during enforcement proceedings. Held No. 15th February 2002. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Dispute : meaning of : is the relevant time for crystallisation when the notice of adjudication is served or when the referral is made? : Liverpool District Registry. TCC : 28th October 2002. |
| by His Honour Judge MacKay : Crown Copyright |
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| Costs of representation : Misdescription of party not significant : No provision allowing recovery of legal costs : Scope of work broadended ? not variations. 26th February 2002. |
| by His Honour Judge David Wilcox : Crown Copyright |
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| Joint venture : Two companies undertook a joint venture 66/33 with agreement to pay pro-rata interim payments from employer : One party tried to delay distribution. Outer House Court of Session. 30th May 2002. |
| by Lord Dummond Young : Crown Copyright |
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| Compulsory adjudication : Court required to decide whether or not a contract madated adjudication and thus whether a stay pending adjudication applicable. 18th October 2002. |
| by His Honour Judge Humphrey Lloyd QC : Crown Copyright |
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