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A De Gruchy Holdings Ltd v House Of Fraser (Stores) Ltd [2001] Adj.L.R. 05/22
Evidence : Letters of intent : quantum meruit evaluation of management claim : Held : Information available at an adjudication provided evidence of availability of information upon which the claim could be substantiated. TCC. 22nd May 2001.
by His Honour Judge David Wilcox. Crown Copyright

Austin Hall Building Ltd v Buckland Securities Ltd [2001] Adj.L.R. 04/11
Human Rights : ECHR does not apply to adjudication so public hearing not required : availability of JR protects parties : HGCRA time scale not unfair. 11th April 2001.
by His Honour Judge Bowsher : Crown Copyright

Ballast Plc v Burrell {The} Company (Construction Management) Ltd [2001] Adj.L.R. 06/21
Misconduct : Decision Quashed : Adjudicator failed to decide the issues ? asserted questions invalid ? decision quashed. Outer House Court of Session. 21st June 2001.
by Lord Reed : Crown Copyright

Barr Ltd v Law Mining Ltd [2001] Adj.L.R. 06/15
Cherry Picking : A single dispute can have several parts : court can uphold valid decisions and order a stay in respect of an ultra vires part. Outer House Court of Session.15th June 2001.
by Lord MacFadyen : Crown Copyright

Barrie Green v G W Integrated Building Services Ltd & G & M Floorlayers (Derby) Ltd. [2001] Adj.L.R. 07/18
Jurisdiction : Fees : Carpets & floor tile laying within Act : Reasonable fees are recoverable jointly and severally : recovery of adjudicator?s legal costs a separate issue. Leicester County Court. 18th July 2001.
by Deputy District Judge T.Grannum : Crown Copyright

Bickerton Construction Ltd v Temple Windows Ltd [2001] Adj.L.R. 06/26
Fairness : Adjudicator decided upon damages without first settling a dispute on sum due under contract : defendant denied right of reply: unfair. 26th June 2001.
by Her Honour Judge Frances Kirkham : Crown Copyright

Brenton A.J. v Palmer [2001] Adj.L.R. 01/19
Jurisdiction Internal : Adjudicator asked to decide whether Palmer or his company was party to a contract then decide entitlement. Enforceable. 19th January 2001.
by His Honlour Judge Richard Havery : Crown Copyright

Britcon (Scunthorpe) v Lincolnfields [2001] Adj.L.R. 08/29
Impropriety : Had an adjudicator considered all the issues? Yes : Decision enforceable. 29th August 2001.
by His Honour Judge Thornton : Crown Copyright

British Waterways Board (Judicial Review) [2001] Adj.L.R. 07/05
Stay of adjudication : Application for Judicial Review. BWB asserted that negotiations had not yet ended so no dispute yet. Held 5 months of inconclusive negotiations amounts to a dispute.Outer House Court of Session. 5th July 2001.
by Lord McCluskey : Crown Copyright

C & B Scene Concept Design Ltd v Isobars Ltd [2001] Adj.L.R. 06/21
Application for enforcement of adjudicator's decision refused. 21st June 2001
by Mr Recorder Moxon-Browne QC : Crown Copyright

City Inn Ltd v Shepherd Construction Ltd [2001] Adj.L.R. 07/17
Extension of time : Contractor failed to comply with contract requirements for extension of time: Late completion. Outer House Court of Session. 17th July 2001.
by Lord MacFadyen : Crown Copyright

David McLean v Swansea Housing Association Ltd [2001] Adj.L.R. 06/27
Jurisdiction and notice : 6 heads referred, excluding Liquidated damages. Adjudicator awarded damages less L.D. Held : L.D. integral part of EOT claim. 27th July 2001.
by His Honour Judge Humphrey Lloyd : Crown Copyright

David Wilson Homes Ltd v Survey Services Ltd [2001] Adj.L.R. 01/18
Dispute resolution clause required a dispute to be referred to a QC but did not say for what purpose (whether ADR, adjudication or arbitration). CA. held that it was implied that it was for determination of the dispute ? so it was an arbitration clause, pursuant to s6 Arbitration Act 1996. CA. 18th January 2001.
by Simon Brown LJ, Longmore LJ. Crown Copyright

Discain Project Services Ltd v Opecprime Development Ltd [2001] Adj.L.R. 12/11
Repudiation : value of works done : Claim and -counterclaim : Retrial of the merits : 11th December 2001.
by His Honour Judge Richard Seymour : Crown Copyright

Discain Project Services Ltd v. Opecprime Development Ltd [2001] Adj.L.R. 04/11
Bias :Telephone conversations with one party without disclosure of contents to the other party sufficient grounds to invalidate a decision. 11th April 2001.
by His Honour Judge Peter Bowsher : Crown Copyright

Durabella Ltd v Jarvis.J & Sons Ltd [2001] Adj.L.R. 09/19
Pay when paid : Pre HGCRA contract with ?pay when paid : Held : Insufficient evidenced adduced to establish non-payment : Paid, so pay up. 19th September 2001.
by His Honour Judge Humphrey Lloyd : Crown Copyright

Faithful & Gould Ltd v Arcal Ltd [2001] Adj.L.R. 05/25
Costs of adjudication : An adjudicator must act in person, but where employed, his fees can be recovered by his employer or firm. Newcastle Upon Tyne District Registry. 25th May 2001.
by Crown Copyright

Farebrother B.S. Ltd v Frogmore Investments Ltd [2001] Adj.L.R. 04/20
Counter-claim; jurisdiction : Adjudicator limited his decision to matters in the notice, treating a counterclaim as outside his jurisdiction. Salford District Registry. 20th April 2001.
by His Honour Judge Gilliland : Crown Copyright

Fence Gate Ltd v James R Knowles Ltd [2001] Adj.L.R. 05/31
Jurisdiction - threshold : Giving evidence of fact or opinion about construction works at an arbitration is not construction work under the HGCRA. TCC. 31st May 2001.
by His Honour Judge Gilliland : Crown Copyright

Gibson Lea Retail Interiors Ltd v Makro Ltd [2001] Adj.L.R. 07/24
Construction Contract : Shopfittings which did not become fixtures are outside the scope of the HGCRA. 24th July 2001.
by His Honour Judge Richard Seymour : Crown Copyright

Glencot Development & Design Co Ltd v Ben Barrett & Son (Contractors) Ltd [2001] Adj.L.R. 02/13
Adjudication and Mediation : Bias : Clear advice on potential prejudice arising out of disclosure during mediation needed before a mediator can act as an adjudicator in the same dispute. 13th February 2001.
by His Honour Judge Humphrey Lloyd : Crown Copyright

Holt Insulation Ltd v Colt International Ltd [2001] Adj.L.R. 02.01
Double jeopardy :Following an adjudication a 2nd dispute referred to adjudication : Held ? not same dispute ? different issues ? jurisdiction. TCC. 1st February 2001.
by His Honour Judge Mackay : Crown Copyright

Isovel Contracts Ltd (In administration) v ABB Building Technologies Ltd [2001] Adj.L.R. 11/30
Insolvency : Court ordered enforcement despite the fact that business was in administration and asserted set off claims : Compare Bougyes & see Insolvency Act. Chancery Div. 30th November 2001.
by Deputy Judge Simon Berry Q.C. Crown Copyright

Jerome Engineering v Lloyd Morris [2001] Adj.L.R. 11/123
Notice of Intention : The amount claimed does not have to be set out in the notice of intention : DOM2 allows for referral to set out specifics. 23rd November 2001.
by His Honour Judge Cockroft : Crown Copyright

Joseph Finney plc v Gordon & Gary Vickers [2001] Adj.L.R. 03/7
Waiver of right to adjudicate : Parties can contract out of right to adjudicate, or arbitrate. 7th March 2001.
by His Honour Judge David Wilcox : Crown Copyright

LPL Electrical Services Ltd v Kershaw Mechanical Services [2001] Adj.L.R. 02/02
Jurisdiction : Assertion that adjudicator only had jurisdiction for a specific interim payment : Held : Adjudicator interpreted contract : Right or wrong, enforceable. 2nd February 2001.
by His Honour Judge Richard Havery : Crown Copyright

Maxi Construction Management Ltd v Mortons Rolls Ltd [2001] Adj.L.R. 08/7
Payment provisions : Failure to deal with an application for evaluation of interim payments does not lead to a dispute : Clause 12 Scottish Builders Contract requires full basis of demand. Outer House Court of Session. 7th August 2001.
by Lord MacFadyen : Crown Copyright

Mecright Ltd v T.A. Morris Developments Ltd [2001] Adj.L.R. 06/22
Jurisdiction Internal: Dispute as to legality of termination : Adjudicator found unlawful repudiation but went on to award unclaimed damages. Outside Scope. 22nd June 2001.
by His Honour Judge Richard Seymour : Crown Copyright

Millers Specialist Joinery Co Ltd v Nobles Construction Ltd [2001] Adj.L.R. 08/3
Withholding notice : Requirement of withholding notice applies not just to adjudication but also to summary judgement, general litigation and arbitration. 3rd August 2001.
by His Honour Judge Gilliland : Crown Copyright

Mitsui Babcock Energy Services Ltd (In the petition of) [2001] Adj.L.R. 06/13
Construction Contract : Application for Judicial Review. Boiler plants at a chemical works are by virtue of s105 outside scope of HGCRA. Outer House Court of Session. 13th June 2001.
by Lord Hardie : Crown Copyright

Mivan Ltd v Lighting Technology Projects Ltd. [2001] Adj.C.S. 04/09
Double Jeopardy : Adjudication 1 : Interim payment enforced ? no withholding notice : Adjudication 2 ? counterclaim ? held separate claim not same issue. Also enforced. No double jeopardy. TCC. 9th April 2001
by CHS - Summary : Judgment : His Honour Judge Seymour QC.

Nolan Davis Ltd v Steven P. Catton [2001] Adj.L.R. 03/06
Jurisdiction on jursidiction : Parties gave adjudicator right to decide jurisdiction : even if wrong the court would not interfere and likewise on costs. 6th March 2001.
by His Honour Judge David Wilcox : Crown Copyright

Oakley (William) v Airclear Environmental Ltd [2001] Adj.L.R. 10/4
Construction Contract : It was unclear whether NAM/T or NAM/SC contract applied : Adjudicator?s decision invalid and therefore unenforceable by statutory demand. Chancery Div. 3th October 2001.
by His Honour Judge Etherton : Crown Copyright

Parsons Plastics (Research and Development) Ltd v Purac Ltd [2001] Adj.L.R. 08/13
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. 13th August 2001.
by Her Honour Judge Francis Kirkham : Crown Copyright

Patrick PA Birchall (t/a Pier 1 Metalworks) v West Morland Car Sales Ltd [2001] Adj.C.S. 11/02
Construction Contract HRA : Written contract through correspondence complied with Act : HRA not applicable to adjudication semble RJT at first instance. HHJ Mackay. 2nd November 2001.
by CHS - Summary : Judgment : His Honour Judge Mackay

Paul Jensen Ltd v Stavely Industries [2001] Adj.L.R. 09/27
Adjudicator?s fees : Adjudicator resigned on basis of lack of jurisdiction and sued for fees. Defendant claimed he should not have resigned : Fees upheld. Wigan County Court. 27th September 2001.
by Mr District Judge Donelly : Crown Copyright

Pro-Design Ltd v New Millenium Experience Co Ltd [2001] Adj.L.R. 09/26
Enforcement and fraud : A claim that would otherwise be impeachable failed because the court considered that the underlying contract was fraudulently procured. TCC. 29th September 2001.
by His Honour Judge Mackay : Crown Copyright

Rainford House Ltd v. Cadogan Ltd [2001] Adj.L.R. 02/13
Insolvency : Enforcing party in receivership : Court entitled to stay enforcement. 9th February 2001.
by His Honour Judge Richard Seymour : Crown Copyright

Re A Company (1299 of 2001) [2001] Adj.L.R. 05/15
Withholding notice : Certified payment : no withholding notice : Claimant had right to assert debt and proceed to motion for winding up : Set off and counterclaim refused. 15th May 2001.
by David Donaldson Q.C. Crown Copyright

Re A Company (A M Environmental Services Ltd) No 5606 of 2001 [2001] Adj.L.R. 11/14
Petition for winding up refused : The petitioner had not issued a withholding notice against the Company, so potentially, pending outcome of this dispute, the company might be in credit to the petitioner. 14th November 2001.
by Mr Justice Hart : Crown Copyright

RJT Consulting Engineers Ltd v DM Engineering Ltd [2001] Adj.L.R. 05/9
Declaration sought to confirm a Construction Contract in existence : Initial oral contract supported by subsequent correspondence insufficient to fulfill the requirements of s107 - elements of the contract not in writing ? declaration of compliance refused. 9th May 2001.
by His Honour Judge Mackay : Crown Copyright

Robert McAlpine (Sir) v Pring St Hill [2001] Adj.L.R. 10/2
Enforcement of decision : R won an adjudication against P for damage : P commenced an adjudication against R for non payment and sought a stay pending decision. Failed. 2nd October 2001.
by His Honour Judge Moseley : Crown Copyright

Sindall Ltd v Abner Solland [2001] Adj.L.R. 06/15
Meaning of Dispute : Entitlement to an EOT was an integral issue of whether or not contract lawfully terminated and thus within jurisdiction of adjudicator.15th June 2001.
by His Honour Judge Humphrey Lloyd : Crown Copyright

SL Timber Systems Ltd v Carillon Construction Ltd [2001] Adj.L.R. 06/27
Withholding notice : Payment ordered by adjudicator because of absence of withholding notice : Held : Must prove entitlement : Adjudicator wrong but still enforced. Outer House Court of Session. 27th June 2001.
by Lord MacFadyen : Crown Copyright

Staveley Industries Plc v Odebrecht Oil & Gas [2001] Adj.L.R. 02/28
Construction Contract : Land below watermark is not land within England, Wales or Scotland, so sea bed construction is outside HGCRA. 28th February 2001.
by His Honour Judge Richard Havery : Crown Copyright

Stiell Facilities Ltd v Sir Robert Mcalpine Ltd [2001] Adj.L.R. 08/08
Construction contract payment dispute. An arrestment in support of litigation, arbitration or adjudication will not be granted as and until a dispute as to whether or not the claimant is a party to the contract giving rise to the claim is determined in the claimants favour. Outer House Court of Session. 8th August 2001
by Lord Menzies. Crown Copyright

Stubbs Rich Architects v W H Tolley & Son Ltd [2001] Adj.L.R. 08/8
Adjudicator?s fees : Recorder?s decision that adjudicator?s fees were unreasonable overturned : immunity in absence of bad faith. Prevents courts nitpicking fees. Gloucester County Court. 8th August 2001.
by Mr Recorder Lane : Crown Copyright

Watkin Jones & Son Ltd v Lidl UK GMBH (No2) [2001] Adj.L.R. 12/27
Stay of adjudication : A failed attempt to adjudicate quantum where a prior adjudication had settled entitlement and quantum. The subsequent adjudicator had no jurisdiction to hear the claim. TCC. 27th December 2001.
by His Honour Judge Humphrey Lloyd : Crown Copyright

Watkin Jones v Lidl UK GMBH (No1) [2001] Adj.L.R. 12/21
Application for stay of a counterclaim to arbitration : Enforcement of adjudication decision. An attempt to resist enforcement on the basis that an application for an interim payment was in reality an application on final account, where the contractual mechanism for such payments had not yet been fulfilled thereby preventing a dispute from crystallising failed. TCC Cardiff. 21th December 2001.
by His Honour Judge Moseley : Crown Copyright

Watson Building Services Ltd, Re Application For Judicial Review [2001] Adj.L.R. 03/13
Jurisdiction : Despite initial reservations about appointment, both parties gave adjudicator power to determine validity of the contract which led to his appointment. Outer House Court of Session. 13th March 2001.
by Lady Paton : Crown Copyright

William Naylor (t/a Powerfloated Concrete Floors) v Greenacres Curling Ltd [2001] Adj.L.R. 06/26
Double jeopardy : Attempt to stop an adjudication on a matter already ruled on in adjudication failed : party sought an interdict but should have applied for Judicial Review. Outer House Court of Session. 26th June 2001
by Lord Bonomy : Crown Copyright

Yarm Road Ltd v Costain Ltd [2001] Adj.L.R. 07/30
HGCRA contract :1995 contract novated in August 1998 ? bringing it within the scope of the HGCRA. 30th July 2001.
by His Honour Judge Richard Havery : Crown Copyright

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