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ABB Power Construction Ltd v. Norwest Holst Engineering Ltd [2000] Adj.L.R. 08/01
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

ABB Zantingh Ltd v Zedal Building Services Ltd [2000] Adj.L.R. 12/12
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

Absolute Rentals Ltd v Gencore Enterprises Ltd [2000] Adj.L.R. 07/16
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

Atlas Ceiling & Partition Co Ltd v Crowngate Estates (Cheltenham) Ltd [2000] Adj.L.R. 02/18
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

Balfour Kilpatrick Ltd v Glauser International [2000] Adj.C.S. 07/27
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.

Bloor Construction (UK) Ltd v-Bowman & Kirkland (London) Ltd [2000] Adj.L.R. 04/05
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

Bouygues UK Ltd v Dahl-Jensen UK Ltd [2000] Adj.L.R. 07/31
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

Bridgeway Construction Ltd v Tolent Construction Ltd [2000] Adj.L.R. 04/11
Can a contract put the legal and adjudication costs on the referring party? TCC. 11th April 2000.
by His Honour Judge Mackay : Crown Copyright

Canary Riverside Development v Timtec International [2000] Adj.L.R. 11/09
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

Christiani & Nielsen Ltd v Lowry Centre Dev Co Ltd [2000] Adj.L.R. 06/29
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

Cook F W Ltd v. Shimizu (UK) Ltd [2000] Adj.L.R. 02/04
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

Cygnet Healthcare plc v Higgins City Ltd [2000] Adj.L.R. 09/07
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

Discain Project Services Ltd v. Opecrime Development Ltd [2000] Adj.L.R. 08/09
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

Edmund Nuttall Ltd v Sevenoaks District Council [2000] Adj.L.R. 04/14
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

Elanay Contracts Ltd v The Vestry [2000] Adj.L.R. 08/30
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

Fastrack Contractors Ltd v Morrison Construction Ltd [2000] Adj.L.R. 01/04
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

George Parke v The Fenton Gretton Partnership [2001] Adj.L.R. 08/02
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

Grovedeck Ltd v. Capital Demolition Ltd [2000] Adj.L.R. 02/24
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

Harwood v Lantrode [2001] Adj.L.R. 11/24
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

Herschel Engineering Ltd v Breen Properties Ltd [2000] Adj.L.R. 04/14
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

Herschel Engineering Ltd v Breen Properties Ltd [2000] Adj.L.R. 07/28
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

John Mowlem & Co plc v Hydra-Tight Ltd [2000] Adj.L.R. 06/06
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

Karl Construction Ltd v Sweeney Civil Engineering (Scotland) Ltd, [2000] Adj.L.R. 12/21
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

Ken Griffin & John Tomlinson v Midas Homes Ltd [2000] Adj.L.R. 07/21
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

KNS Industrial Services Ltd v. Sindall Ltd [2000] Adj.L.R. 07/17
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

Maymac Environmental Services v Faraday [2000] Adj.L.R. 10/16
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

Nolan Davis Ltd v Steven P Catton (No1) [2000] Adj.L.R. 02/22
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

Nordot Engineering Services Ltd v Siemens plc [2000] Adj.L.R. 04/14
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

Northern Developments Ltd v J & J Nichol [2000] Adj.L.R. 01/24
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

Nottingham Community Housing Assoc v Powerminster Ltd [2000] Adj.L.R. 06/30
Construction Contract : Maintenance of gas appliance in community owned residential properties is within HGCRA. 30th June 2000.
by His Honour Judge Dyson : Crown Copyright

Paul Thomas Construction Ltd v Damian Hyland & Jackie Power [2000] Adj.L.R. 03/08
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

R.G.Carter Ltd v Edmund Nuttall Ltd [2000] Adj.L.R. 06/21
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

Samuel Thomas Construction Ltd v Bick & Bick [2000] Adj.L.R. 01/28
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

Shepherd Construction v Mecright Ltd [2000] Adj.L.R. 07/27
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

Stiell Ltd v Riema Control Systems Ltd [2000] Adj.L.R. 06/23
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

Strathmore B.S. Ltd v C.S.Greig [2000] Adj.L.R. 05/18
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

Tim Butler Contractors Ltd v Merewood Homes Ltd [2000] Adj.L.R. 04/12
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

Universal Music Operations Ltd v Geoffrey Robert Brewer, Sulzer Infra CBX & Flairnote Ltd [2000] Adj.L.R. 08/24
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

VHE Construction plc v. RBSTB Trust Co Ltd [2000] Adj.L.R. 01/13
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

Whiteways Contractors Ltd v. Impresa Castelli Construction Ltd [2000] Adj.L.R. 08/09
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

Woods Hardwick Ltd v Chiltern Air Conditioning Ltd [2000] Adj.L.R. 07/07
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

Workplace Technologies v E Squared Ltd & Mr J L Riches [2000] Adj.L.R. 02/16
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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