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| FIDIC 4th : Cl 53.4 : Contemporary records in support of additional payments do not include notes made subsequently for the purpose of litigations 14.03.2003 |
| by Sanders, Acting Judge : Crown Copyright |
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| Guarantees : A guarantee must be in writing under s4 Statute of Frauds 1677 - so a sub-contractor cannot rely on an oral promise. Appeal failed. House of Lords. 3rd April 2003 |
| by Lords Bingham; Woolf; Hoffmann; Clyde; Walker. Crown Copyright |
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| Human Rights Act : Court held that a lawfully applied inhibition is not contrary to HRA requirements in respect of quiet enjoyment of property. Outer House Court of Session. 10th December 2003 |
| by T G Coutts, Q.C., Temporary Judge. Crown Copyright |
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| Defective Premises Act : Limitation Period. CA. 2nd April 2003. |
| by Aldous LJ; Judge LJ; Longmore LJ. 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. 16th December 2003 |
| by Brooke LJ; Sedley LJ; Jacob LJ; Crown Copyright |
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| Fire Damage : Pre-existing structure : In the circumstances appeal against finding of liability by court of first instance allowed. Contractor not liable. CA. 22nd January 2003 |
| by Ward LJ; Longmore LJ; Mr Justice Aikens. Crown Copyright |
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| Termination Provisions : Dispute as to which terms of a contract prevailed, where contract had been amended on a number of occasions : Had the claimant been paid design fees and was the contract lawfully terminated? Yes to both. TCC. 9th July 2003 |
| by HHJ Richard Seymour. Crown Copyright |
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| Currency in which award should be paid. CA. 31st July 2003. |
| by Brooke LJ; Latham LJ; Mr Justice Holman. |
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| Insolvency : Termination of a construction contract, on grounds of insolvency / liquidation is lawful under terms of construction contract. Chancery Div. 26th February 2003 |
| by Mr Justice Peter Smith. Crown Copyright |
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| Jurisdiction ? separate cases : Failures in a bridge prompted revisiting and rectifying design in another : Held Separate contracts so separate causes of action and limitation times. 27th June 2003. |
| by His Honour Judge Morison. Crown Copyright |
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| Defective design : Negligent design of foundations of power station. TCC. 11th June 2003 |
| by HHJ Toulmin. Crown Copyright. |
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| Want of prosecution : Case cisted for want of prosecution ? originally destined for arbitration ? claimants delayed excessively and lost right of action. 4th March 2003. |
| by Sheriff Principal Iain MacPhail QC : Crown Copyright |
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| Defective design : Damages claim for defective design in relation to a coal fired generation plant in the Phillipines. CA. 2nd December 2003. |
| by Auld LJ; May LJ; Jacob LJ. Crown Copyright |
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| Retention : Expert Determinator : Role of the Expert Determinator under the I.Chem E Contract. Provisional (interim) certificate if challenged before and approced by an expert becomes final. On the otherhand, a dispute on the final certificate, if not referred to the expert could still be litigated (including adjudication) in subsequent action. CA on appeal from the TCC, Liverpool District Registry, HHJ Mackay. 18th December 2003 |
| by Auld LJ, Hale LJ, Dyson LJ : Crown Copyright |
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| Determination Procedure : JCT Intermediate Form of Contract, IFC 84, Clause 7.2.1. Where contractor withdraws from site Architect to give notice : if default continues employer has a fixed time band within which to give a termination notice. Architect erroneously issued the 2nd notice - re termination then withdrew it. Held : Since 2nd notice invalid, still open to employer to terminate for valid cause. + s69 AA 1996 - appeal on point of law. TCC. 21st July 2003. |
| by His Honour Judge Thornton QC : Crown Copyright |
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| Architects liability for fire : Whilst a fire was cased by the contractor?s negligence, it was the poor design by the architect which led to it spreading further. TCC. 3rd March 2003 |
| by His Honour Judge Bowsher : Crown Copyright |
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| Architects liability for fire : Whilst a fire was cased by the contractor?s negligence, it was the poor design by the architect which led to it spreading further. CA. 19th December 2003 |
| by Ward LJ; Potter LJ; Clarke LJ. Crown Copyright |
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| Liability for Fire : Restaurant fire ? installation of oven ? manufacturer recommended a steel plate ? owner advised but ignored ? CA held contractor still liable ? expertise. 5th November 2003 |
| by Sir Andrew Morritt; Buxton LJ; Laws LJ ; Crown Copyright |
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| Oral design contract : Joint venture : Architect unable to recover fees on a quantum meruit basis ? court held that as part of a failed joint venture he has to suffer his own losses. . 30th July 2003 |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| A right to retention will not be implied : there must be an express provision in a contract. An absence of a retention provision will not render a contract void for lack of essential terms. TCC. 24th March 2003. |
| by HHJ Frances Kirkham. Crown Copyright |
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