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Application for a declaration that the contract contained a "pain and gain" provision : or alternatively that the price to be paid to the Defendants for the work done take into account a share by the Defendants of the "pain" suffered by the Claimants under a contract between the Claimants and Railtrack. Application refused and invitation to submit a fresh application based on findings of the court. 11th May 2004.
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| by His Honour Deputy Judge Colin Reese QC. Crown Copyright |
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| Interpretation of contract terms : M6 Motorway refurbishment concession – terms of sub-contract – if any – and remuneration terms. Outer House Court of Session.23rd July 2004 |
| by Lord Mackay of Drumadoon. Crown Copyright |
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| LADs & Breach of Contract : Bath DC sought an injunctiont to prevent a breach of contract : Mowlem asserted right to continue breach on the basis that agreed LADs would provide Bath with adequate compensation. Court disagreed : LAD are not intended to validate a breach of contract. CA. 20th February 2004 |
| by Brooke LJ; Mance LJ; Parke LJ. Crown Copyright |
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| Establishing cause of action in a claim for breach of contract and Statutory Limitation. TCC. 9th December 2004 |
| by HHJ Peter Coulson. Crown Copyright |
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| Assessment of damages : Architect questioned applicable interest rate on award and set off a rise in property value, occurring because of delay taken into account. 22.02.2004 |
| by His Honour Judge Thornton Q.C : Crown Copyright |
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| Oral design contract : Architect able to recover fees on a quantum meruit basis even though no written contract or instructions. CA. 6th February 2004 |
| by Brooke LJ; Sedley LJ; Jacob LJ; Crown Copyright |
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| Global claims are viable but the claimant must disect each separate element and prove his case. Appeal Failed. Extra Division Inner House Court of Session. 11th June 2004. |
| by Lords MacLean; Johnston; Drummond Young. Crown Copyright |
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| Scott Schedule ignored by judge and global award made. CA set aside the decision. 21st May 2004. |
| by Pill LJ; Sir William Aldous. Crown Copyright |
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| Statement of claim : Amendment : Legal personality : Assigned contract. Morgan sued in their own name without pleading the assignment of the contract. Application for amendment of statement of claim. Application refused : amounted to pleading a new case. Attempt to plead assignments. TCC. 22nd July 2004. |
| by HHJ Richard Havery Q.C. : Crown Copyright |
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Action for immediate release of retention monies. Release as between members of consortium following certification and payment made by client was confirmed by VA Tech Wabag UK Ltd v Morgan Est (Scotland) Ltd where there was a right to immediate distribution. Va Tech distinguished and error corrected. Summary enforcement was resisted on grounds of arguable issue of defects. HGCRA excluded by application of s105. Outer House Court of Session. 12th November 2004.
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| by Lord Drummond. Crown Copyright |
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| Unsuccessful apeal against arbitrator\'s finding that in the circumstances a provision for LADs was inoperable. 20th December 2004. |
| by HHJ David Wilcox. Crown Copyright |
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