|
|
|
|
| Accrual of action - statutory limitation -negligent design - Pirelli and Murphy revisited. CA on appeal from Judge Childs, Exeter CC. 2nd March 2005. |
| by Mummery LJ, Tuckey LJ. Clarke LJ. Crown Copyright |
|
|
| Penalty Clause : On the facts of the case was a liquidated damages clause for late completion a penalty and thus unenforceable. Held NO : A reasonable attempt at pre-estimation. TCC. 25th February 2005. |
| by Mr Justice Jackson : Crown Copyright. |
|
|
| Design Liability : Contribution sought from architects/designers. TCC. 30th June 2005. |
| by His Honour Judge Havery : Crown Copyright. |
|
|
| Loss of Use : Claim for damages for loss of use of premises due to need for remedial work limited to natural claiments : corporate personalities precluded. TCC. 9th December 2005 |
| by HHJ Peter Coulson QC: Crown Copyright |
|
|
| Failed Appeal : Establishing cause of action in a claim for breach of contract and Statutory Limitation. 26th July 2005. |
| by Clarke LJ; Carnwath LJ; Mr Justice Patten. Crown Copyright |
|
|
| Failed appeal against Mr Recorder Blunt's order of contribution by Architect for the damages due to property developers for defective design and build. No appeal against decision of facts - where correct test regarding causation applied to the determination. CA. 27th July 2005. |
| by The V.C.; Arden LJ; Keene LJ. Crown Copyright |
|
|
| Non-payment of construction contract sums : Arrestment as security under Scottish Law. Outer House, Court of Session. 14th January 2005. |
| by Lord Eassie. Crown Copyright |
|
|
| Notice : AEC Payment provisions : Whether notice pre-requisite to payment for variation. Deputy Judge : TCC. 14th December 2005 |
| by Colin Reese QC : Crown Copyright |
|
|
| When can terms be implied into a construction contract? In the circumstances, assertions of lack of information leading to variations and delay failed. Outer House, Court of Session. 16th May 2005 |
| by Opinion of Lord Eassie. Crown Copyright |
|
|
| 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. Applicable equally re jurisdiction for adjudication. CA. 16th June 2005. |
| by Dyson LJ; Thomas LJ. Crown Copyright |
|
|
| Costs of fulfilling pre-action protocol not recoverable. TCC. 6th July 2005 |
| by His Honour Judge Peter Coulson. Crown Copyright |
|
|
| Currency of award. Successful appeal to House of Lords. 30th June 2005. |
| by Lords Steyn; Hoffmann; Phillips ; Scott ; Rodger : Crown Copyright |
|
|
| Defective design. Damages claim for defective design in relation to a coal fired generation plant in the Phillipines. CA on appeal from TCC (HH Judge Toulmin CMG, QC). 21st December 2005. |
| by Mummery LJ; May LJ; Richards LJ. Crown Copyright |
|
|
| Liability of architect in tort. TCC. 10th October 2005. |
| by HHJ Thornton. Crown Copyright |
|
|
| Self Help : Domestic Works : Non-payment for construction works : cross claim for damages : Self help amounting to criminal harassment. Adjudication, mediation or litigation would have been preferable. Contractor's poor timesheets and evidence. TCC. 21st December 2005. |
| by His Honour Judge John Toulmin CMG QC : Crown Copyright |
|
|
| Use of single joint witnesses in low value cases : Construction dispute. TCC. 17th March 2005. |
| by Mr Justice Jackson : Crown Copyright |
|
|
| Formation of a contract - oral and written terms. 28th January 2005 |
| by HHJ Peter Coulson. Crown Copyright |
|
|
| Time at large. CA. 18th November 2005 |
| by May, LJ, Jacob LJ, Lloyd LJ. |
 |
Our publications are provided in PDF format, in order to view them you will need Adobe's free Acrobat reader. Acrobat reader can be downloaded from Adobe by following the link to your left. |
|
|