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All In One Building & Refurbishments Ltd v Makers UK Ltd [2005] Adj.L.R. 12/19
Dispute - meaning of. Due Process. Solvency. A dispute as to breach can preceed due date of payment. Once an adjudicator is in a potition to answer a question there is no breach of due process if he does not dig deeper into an issue. The financial status of the claimant management company had not altered in any significant way from when it was first hired - so no reason to stay enforcement. TCC. 19th December 2005
by His Honour Judge David Wilcox : Crown Copyright

Allen Wilson Shopfitters v Buckingham [2005] Adj.L.R. 05/27
Owner Occupier : Jurisdiction on jurisdiction for non-HGCRA adjudication : impact of UTCCR 1999. 27th May 2005
by His Honour Judge Peter Coulson : Crown Copyright

AMEC Civil Engineering Ltd v Secretary Of State For Transport [2005] Adj.L.R. 03/17
Challenge to an arbitrator's interim award on jurisdictions failed : Appeal to CA dismissed. 17th March 2005.
by May LJ; Rix LJ; Hooper LJ : Crown Copyright

Baker & Davies Plc v Leslie Wilks Associates [2005] Adj.L.R. 06/30
Contribution : Payment of a sum pursuant to a HGCRA adjudication decision satisfies the requirements of the Civil Liability (Contribution) Act 1978 viz a payment to an injured party and gives rise to a right to receive a contribution. 30th June 2005. TCC.
by His Honour Judge Richard Havery : Crown Copyright

Belgrave Developments (Poole) Ltd v David Kenneth & Amanda Penelope Vaughan [2005] Adj.L.R. 06/30
Insolvency : legal personality : Enforcement of adjudication decision : Defendant a bankrupt at time of contract - conducted in name of X and funded by Defendant\'s partner: enforcement against funding partner not possible - not a partnership and even if so not a party to the adjudication. Portsmouth County Court. 30th June 2005
by Recorder David Blunt. Crown Copyright

Bennett (Mr Tracy) v FMK Construction Ltd. [2005] Adj.L.R. 06/30
Late appointment & JCT 1998. First adjudication abandoned. Case remitted to the same adjudicator after expiry of 28 days of issue of final certificate. Did the FC become conclusive evidence of matters referred to in it? YES. 30th June 2005
by His Honour Judge Havery : Crown Copyright

Brown (L) & Sons v Crosby North West Homes [2005] Adj.L.R.12/05
Jurisdiction : Contract in CD 98 standard form. Article 5 - right to refer disputes under the contract Article 39(A)(1) as amended to cover disputes arising under, out of or in connection with the contract. Did this cover bonus payments and waiver provisions regarding LADs in side agreements which had no dispute provisions? Held : Yes : Decision enforceable. TCC. 5th December 2005.
by His Honour Mr Justice Ramsey : Crown Copyright

Bryen & Langley Ltd v Boston [2005] Adj.L.R. 07/29
Jurisdiction - domestic occupier construction contract: Successful appeal on dismissal of enforcement of adjudicator's decision and on costs. All principal terms were agreed - on JCT standard form terms - including adjudication. Outstanding issues merely in the nature of variations. No breach of UTCCR 1999. 29th July 2005.
by Clarke LJ; Pill LJ; Mr Justice Rimer : Crown Copyright

Captiva Estates Ltd v Rybarn Ltd [2005] Adj.L.R. 11/11
Jurisdiction : Threshold. Declaration successfully sought that the contract was a development agreement within the meaning of the Construction Contracts Exclusion Order 1998, Statutory Instrument 1998 No. 648 (the Exclusion Order). and thereby excluded from HGCRA adjudication. Consequently the appointment was an adjudicator to a dispute arising out of the contract was invalid. TCC. 11th November 2005
by His Honour Judge Wilcox. : Crown Cpyright

Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] Adj.L.R. 04/26
Interest : In the absence of provisions in the contract clause 20(c)of the Scheme provides a freestanding right to interest. An adjudicator has the right to decide (prefereably with reasons) whether or not evidence is relevant and therefore whether or not to expend further time and energy on it. 26th April 2005.
by His Honour Mr Justice Jackson : Crown Copyright

Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] Adj.L.R. 11/16
Interest : Jurisdiction : CA Held that there is no inherent power under the Scheme for an adjudicator to award interest. The power to do so must be granted by the parties or be inherently within the scope of the reference. Appeal dismissed - the parties had consented. 16th November 2005.
by L.J.Chadwick MR and L.J.Moore-Bick. Crown Copyright

Castle Inns (Stirling) Ltd v Clark Contracts Ltd [2005] Adj.L.R. 12/29
Adjudicator's fees : Unjust enrichment : Time bar : Held : Adjudicator's decision on fees is final and not subject to challenge at final determination by arbitration/litigation. Unjust enrichment is not a valid ground to challenge an adjudicator's decision which is based on a contractual right. A contractual time bar on challenges to adjudication of a final certificate apply. Semble certifier must take account of the decision in final certificate. Outer House, Court of Session. 29th December 2005
by Lord Drummond Young : Crown Copyright

City & General (Holborn) Ltd. v AYH Plc [2005] Adj.L.R. 09/29
Consolidation : Three adjudications became two arbitrations : was there sufficient convergence between the two disputes to justify merger? Held : Yes, in the circumstances and to satisfy the need to secure finality. TCC. 29th September 2005.
by Mr Justice Jackson : Crown Copyright

Connex South Eastern Ltd v M J Building Services Group Plc [2005] Adj.L.R. 03/01
Jurisdiction : Threshold : Written agreement between three parties - oral allocation of work to one party. Adjudication. Enforcement proceedings.Held : written contract within HGCRA adjudication. Appeal : Existence of a written contract HGCRA. 1st March 2005.
by Ward LJ, Dyson LJ, Carnwath LJ. : Crown Copyright

Costain Ltd (Corber) v Bechtel Ltd [2005] Adj.L.R. 05/20
Interim Injunction : Application to injunct contract certifier for partiality and bad faith : inter-relationship with good faith requirement of adjudicator. 20th May 2005.
by His Honour Mr Justice Jackson : Crown Copyright

CPL Contracting Ltd v Cadenza Residential Ltd [2005] Adj.L.R. 01/31
Set off : JCT form of contract. Application for interim payment submitted. Application paid with an abatement, without comment or complaint and cashed. Could CPL recover the balance in the absence of a withholding notice. Adjudicator held YES. Court declined enforcement. 1st January 2005.
by Her Honour Judge Frances Kirkham : Crown Copyright

David John Cartwright v Lydia Fay [2005] Adj.L.R. 02/09
Adjudicator's Fees : Consumer adjudication. Jurisdiction. Privity of adjudicator. Consumer Regulations and fairness of terms regarding fees. 9th February 2005.
by Mark Rutherford : Crown Copyright

David McLean Contractors Ltd v Albany Building Ltd [2005] Adj.L.R. 11/10
Double Jeopardy : 1st adjudication ruled on validity of withholding notices : 2nd dealt with quantum, declaring that liquidated and unascertained damages were non-deductable because of invalid non-completion notices : ordered payment of the withheld balance. Held : Separate issues dealt with in adjudications 1 & 2 - so both valid. Further, a cross claim that would have reduced liability not permitted - must be separately litigated. 10th November 2005
by His Honour Judge Gilliland QC : Crown Copyright

Full Metal Jacket Ltd v Gowlain Building Group Ltd [2005] Adj.L.R. 12/09
Enforcement : Counterclaim : At first instance (HHJ Mackay, Liverpool C.C. 10th May 2005) refused to enforce adjudication and found for counterclaim : Contract specified roof design in a drawing. Contractor had ignored the design : Client entitled to cost of replacing the roof. Decision upheld on Appeal. CA. 9th December 2005.
by May LJ, Arden LJJ, Sir Peter Gibson. Crown Copyright

Geris Handelsgesellschaft GmbH v Les Construction Industriells de la Mediterrannee S.A. [2005] Adj.L.R. 02/11
Enforcement & Set off : Adjudicator decided sums payable to claimant but also decided defendant had right to set off unquantified sums. Held : Enforcement denied pending quantification.
by His Honour Judge Humphrey Lloyd : Crown Copyright

Great Eastern Hotel Company Ltd v John Laing Construction Ltd [2005] Adj.L.R. 02/24
Status of decision : The provisional finding by an Adjudicator making a summary award under the HGCRA 1996 does not bind the party not privy to the contract.The previous finding of fact by the adjudicator had no relevance to the present court proceedings. TCC. 24th February 2005.
by His Honour Judge David Wilcox. Crown Copyright

Hackwood Ltd v Areen Design Services Ltd [2005] Adj.L.R. 10/31
Jurisdiction : Letter of intent : Terms of contract in the letter incorporated JCT terms into an interim contract : Never replaced : In consequence jurisdiction for adjudication and subsequent arbitration based on JCT. s72 Arbitration Act 1996 reference does not automatically preclude applicant from subsequently participating in arbitration where the application fails. TCC. 31st October 2005.
by His Honour Mr Justice Field : Crown Copyright

Hatmet Ltd v Herbert (t/a LMS Lift Consultants). [2005] Adj.L.R. 11/18
Written Contract HGCRA : Agreement to supply & fix ceilings : variation of specificiations resulted in a revaluation of the price : Ordered to go ahead : but revaluation not agreed. Refusal to pay referred to adjudication. Enforcement resisted : contract non HGCRA compliant : Held : s15 SOGA 1979 provided a price determination mechanism : contract compliant : Adjudicator had jurisdiction : Decision enforceable. TCC. 18th November 2005
by Her Honour Judge Frances Kirkham. Crown Copyright

John Roberts Architects Ltd v Parkcare Homes (No2) Ltd [2005] Adj.L.R. 07/25
Costs of discontinued adjudication : PH twice commenced and then discontinued adjudications. The second adjudicator awarded JRA its costs of the adjudication. Held : Once adjudication abandoned, adjudicator had no jurisdiction to award costs. 25th July 2005
by His Honour Judge Havery : Crown Copyright.

Lafarge (Aggregates) Ltd. v London Borough of Newham [2005] Adj.L.R. 06/25
Inter-relationship between adjudication and arbitration and the right to refer a dispute onwards to arbitration under the bespoke terms of a construction contract. 24th June 2005.
by Mr. Justice Cooke : Crown Copyright

Lloyd Projects Ltd v John Malnick [2005] Adj.L.R. 07/22
Construction Contract : Oral contract subsequently part reduced to writing in correspondence but excluding definitive details of scope insufficient for HGCRA adjudication. 22nd July 2005.
by Her Honour Judge Frances Kirkham : Crown Copyrigtht

MEL v CAMBBA [2005] Adj.L.R. 11/24
(Midland Expressway v Carillion) Dispute, meaning of : crystalisation : Jurisdiction : Dispute over valuation of variations : Two or three party dispute? Effect of requirement to negotiate before referral? Attempted use of a pay when paid provision - whether PFI exception applies. Held : MEL & CCL the parties to dispute : Right to refer to adjudication. Role of Min of Transport discussed.24th November 2005
by Mr Justice Jackson. Crown Copyright

Melville Dundas Ltd v. George Wimpey UK Ltd [2005] Adj.L.R. 12/15
Successful appeal against the decision of Lord Clarke that under the terms of a JCT Contract, on the appointment of a receiver all claims cease to be payable. Held : the HGCRA was intended to improve cash flow. Its provisions cannot be contracted out of by the parties. Extra Division, Inner House. Court of Session. 15th December 2005
by Lords Nimmo Smith, Mackay of Drumadoon, MacLean : Crown Copyright

Palmac Contracting Ltd v Park Lane Estates Ltd [2005] Adj.L.R. 03/17
Application Procedure : There is no requirement that the Notice of Intention and the Application for Appointment be carried out sequentially. 22nd March 2005.
by Her Honour Judge Frances Kirkham : Crown Copyright

Pan Interiors Ltd (In the matter of) [2005] Adj.L.R. 07/14
Insolvency : Statutory demand : Statutory demand in lieu of adjudication reference : In the absence of realistic defence injunction restraining presentation of petition denied. Court rejected a spurious / cooked up defence that conveniently cancelled out the sum claimed apparently to cover retentions outstanding elsewhere in its dealings. Chancery Division. 14th July 2005
by Mr Justice Warren. Crown Copyright

Pynes Three Ltd v Transco Ltd [2005] Adj.L.R. 07/22
Insolvency threatened by defendant - a special project vehicle (SPV). Successful without notice application for a freezing order to prevent funds being disipated pending the outcome of an adjudication. TCC. 22nd July 2005.
by His Honour Judge Thornton QC : Crown Copyright

Ritchie Brothers (PWC) Ltd v. David Philp (Commercials) Ltd [2005] Adj.L.R. 03/24
Late Decision : Due to delivery problems with referral document adjudicator started the process late : Consequently, his decision was delivered late if time started to run from the day the Post Office first attempted to deliver the documents. Reversing the court at first instance, held on appeal that in the absence of an extension the adjudicator's jurisdiction expired after 28 days. The decision was not therefore enforceable. Second Division, Inner House Court of Session. 24th March 2005.
by Lord Justice Clerk, Lord Abernethy, Lord Nimmo Smith : Crown Copyright

Scrabster Harbour Trust v Mowlem plc [2005] Adj.L.R. 03/23
Finality : Compliance with requirements of Clause 66(6) ICE 1999 in order to submit dispute subject to an adjudication decision to arbitration. Outer House Court of Session. 23rd March 2005
by Lord Clark : Crown Copyright

Tera Construction Ltd v Mr Yung Ton Lam [2005] Adj.L.R. 11/25
Jurisdiction, Enforcement, Insolvency : Application for payment disputed and submitted to adjudication. Could the adjudicator consider validity of determination? YES : Defects not argued within the adjudication process not now relevant to enforcement. Claimant?s poor financial state not relevant ? no change since contract entered into. TCC. 25th November 2005.
by His Honour Judge Christopher Clarke : Crown Copyright

William Verry (Glazing Systems) Ltd v Furlong Homes Ltd [2005] Adj.L.R. 01/13
Declaration - Jurisdiction - Due Process - Enforcement of adjudicator's decision. Coulson. 13th January 2005
by His Honour Judge Peter Coulson : Crown Copyright

Wimbledon Construction Company 2000 Ltd. v Vago [2005] Adj.L.R. 05/20
Enforcement and insolvency : Court refused to withold enforcement of decision on the grounds of financial insecurity because it was the defendant's non payment that caused the insecurity. 20th May 2005.
by His Honour Judge Peter Coulson : Crown Copyright

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