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Brian Andrews v. John H Bradshaw H Randell & Son Ltd [1999] APP.L.R. 07/29
Bias : Arbitrator : Did an impatient exchange between arbitrator (semble adjudicator) and respondent raise a real possibility of bias? Not in the circumstances. CA. 29th July 1999.
by Nourse LJ, Mantell LJ, Mance LJ. Crown Copyright

Danae Air Transport Societie Anonyme v Air Canada [1999] EWCA Civ 2011
Slip rule s22 / 24 AA 1950. on appeal from Commercial Court (Mr Justice Longmore) : Held : where the arbitrator’s had made an arithmetical error in the course of a costs award, the court could remit the award back to the tribunal for correction. CA. 29th July 1999.
by Kennedy LJ; Ward LJ; Tuckey LJ. Crown Copyright

Dredging & Construction Co Ltd v Delta Civil Engineering Co Ltd [1999] APP.L.R. 10/07
Functus Officio : Scope of jurisdiction of a sub-contract – where common issues between employer / contractor and contractor / sub-contractor were required to be submitted to a joint arbitration. Scope of s57 AA examined. Jurisdiction of arbitrator to continue to rule on jurisdiction once he had made an interim ruling on jurisdiction - functus officio. TCC. 7th October 1999.
by HHJ David Wilcox : Crown Copyright

Ford v GKR Construction Ltd [1999] APP.L.R. 10/22
Costs : exceptions to following event. “The normal cost consequence of failing to beat the sum paid in does not apply when it is unjust that it should do so. If a party has not enabled another party to properly assess whether or not to make an or offer, or whether or not to accept an offer which is made, because of non-disclosure to the other party of material matters, or if a party comes to a decision which is different from that which would have been reached if there had been proper disclosure, that is a material matter for a court to take into account in considering what orders it should make.” 1999.10.22 CA
by Woolf LJ MR ; Pill LJ; Judge LJJ. Crown Copyright

Frank & Ann Flannery v Halifax Estate Agencies Ltd [1999] APP.L.R. 02/18
Reasoned Judgment : Requirements. CA. 18th February 1999
by Henry LJ; Laws LJ; Mr Justice Hidden. Crown Copyright

Glencore Grain Ltd v Agros Trading Company [1999] APP.L.R. 07/01
Enforcement s26 AA 1950 : set off. Both parties were in possession of GAFTA awards against each other. However Glencore also sought o establish a set off against the award against them. Held on appeal that this sum had to be taken into account in the set off accounting process. 1st July 1999
by Kennedy LJ; Otton LJ; Clarke LJ. Crown Copyright

Harbour & General Works Ltd v Environment Agency No1 [1999] ABC.L.R. 02/19
Extension of time : s12 AA 1996 Time to challenge an engineer’s decision expired. Application for extension of time refused. 19th February 1999.
by Mr Justice Colman.

Harbour & General Works Ltd v Environment Agency No2 [1999] ABC.L.R. 02/19
Extension of time : s12 AA 1996 CA on unsuccessful appeal from QBD, (Mr Justice Colman, QC) where an application to extend time to challenge an engineer’s decision refused. CA. 12th October 1999.
by Waller LJ; Tuckey LJ : Crown Copyright

Jeyeanthan v S.S. Home Department [1999] APP.L.R. 05/21
Statutory Interpretation : Directory or Mandatory regarding tribunal procedures set out in statutes.CA on appeal from QBD, (Mr Justice Sedley). 21st May 1999
by Lord Woolf MR. Judge LJ. May LJ : Crown Copyright

Korda v ITF Ltd (t/a The International Tennis Federation) [1999] APP.L.R. 03/25
Jurisdiction : Right of ITF to make an appeal to the Court of Sports Arbitration against an appeal committee\'s finding that a tennis player with unlawful substances in his body not be penalised. Held : CAS has jurisdiction to hear the appeal. CA. 25th March 1999
by Morritt LJ; Auld LJ; Clarke LJ; Crown Copyright

La Pantofola D'Orso S.P.A. v Blaine [1999] ABC.L.R. 11.05
Application to cist to arbitration rejected. The litigation had proceeded without objection. Claimaint had waived right to arbitration. Outer House Court of Session. 5th November 1999
by Lord Hamilton. Crown Copyright

Locabail (UK) Ltd v Bayfield Properties Ltd [1999] APP.L.R. 11/17
Apparent bias : Test : CA. 17th November 1999.
by LCJ; MR; VC. Crown Copyright

London Borough of Southwark v. Mills ; Baxter v. Mayor L.B. Camden [1999] APP.L.R. 10/21
Challenge : Point of Law.Tenancy Arbitration ordered council to provide sound insulation between tenements : Overturned by CA and then by HL. Sound insulation not a requirement of the Tenancy Agreement. Whilst an unsatisfactory situation the cost of updating old housing stock is a political judgement. House of Lords. 21st October 1999.
by Lords Slynn; Hadley ; Steyn ; Hoffmann ; Clyde ; Millett : Crown Copyright

MBM Fabri-Clad Ltd v Eisen-Und Huttenwerke Thale AG [1999] APP.L.R. 11/03
The English Court has jurisdiction for an action for delivery of defective goods in the UK even though the defect occurred during manufacture abroad. Art 5 Brussels Convention. CA. 3rd November 1999
by Pill LJ, Aldous LJ, Ward LJ. Crown Copyright

Odebrecht Oil & Gas Services Ltd v North Sea Productions Ltd [1999] APP.L.R. 05/10
Expert empowered to estimate damages due under bonds for breach of contract ? with power to subsequently revise and amend. Court examined the circumstances when revision is permitted and when it amounts to double jeopardy : same principles apply to adjudicators regarding issues previously determined by adjudication e.g. interim / final accounts. TCC. 10th May 1999.
by His Honour Judge Dyson. Crown Copyright

Patel v Patel [1999] APP.L.R. 03/24
Application s9 AA 1996 Stay – whether steps taken in proceedings. on appeal from Official Referee’s Business. Stay granted. Merely responding to a claim and giving notice of intention to defend is not a step in the proceedings which under s9(3) might preclude application for a stay. CA. 24th March 1999.
by Lord Woolf MR ; Otton LJ; Ward LJ. Crown Copyright.

Penwith District Council v. VP Developments Ltd [1999] APP.L.R. 05/21
Finality of certificated AA 1950. Court here called on to examine the effect of clause 30 JCT 1980 on finality of final certificate under AA 1950. Final certificate not questioned until 3 years after the event. Judge arbitrator opened up the certificate. Held : Final. TCC. 21st May 1999.
by Crown Copyright

Robin Ellis Ltd v Malwright Ltd [1999] ABC.L.R. 02/01
Expert witness : Privilege. Construction dispute : 1st February, 1999
by HHJ Bowsher QC. Crown Copyright

Starsin : Homburg Houtimport v Agrosin Private Ltd [1999] APP.L.R. 07/16
Charterers Bills of Lading : Liability of shipowner in tort in light of HVR. Commercial Court. 16th July 1999.
by His Honour Judge Colman : Crown Copyright

Stefan (Dr Marta) v. The General Medical Council (Medical Act 1983) [1999] APP.L.R. 03/08
Reasons : GMC. Privy Council : 8th March 1999.
by Lords Browne-Wilkinson; Steyn; Clyde; Hutton; Hobhouse : Crown Copyright

Stevens v Gullis [1999] APP.L.R. 07/27
Expert Witness : Duty owed by expert to the court. CA. 27th July 1999
by Lord Woolf MR; Brooke LJ; Robert Walker LJ. Crown Copyright

Wealands v CLC Contractors Ltd [1999] APP.L.R. 07/22
Stay s9 to arbitration ; Review of relevant law before confirming stay. Ensured that all liked disputes before same tribunal. CA on appeal from Commercial Court (Mr Justice Tuckey) Whether contribution action between the defendant and 2nd & third defendants should be stayed to arbitration. Claimant’s husband died in a construction site accident. Under employment law the defendant as employer was liable if fault established by either the employer or third parties – but where employer not at fault full recovery by the employer in contribution can be made from the third party : third party a sub-contractor – subject to an arbitration clause extending to claims in tort. CA. 22nd July 1999.
by Nourse LJ; Mantell LJ; Mance LJ. Crown Copyright

Westacre Investments Inc v Jugoimport-SDRP Holding Company Ltd [1999] APP.L.R. 05/12
Enforcement : New York. Bribery : Order for enforcement of New York award appealed : Alleged underlying contract induced by bribery. Swiss Arbitration considered and rejected the allegation. CA. Refused to take the bribery point and rejected the appeal. CA. 12th May 1999.
by Waller LJ; Mantell LJ; Sir David Hirst.. Crown Copyright

Yaxley v Gotts [1999] APP.L.R. 06/24
Appeal : New issue of law. CA on appeal from Norwich County Court (HHJ Downes). Equitable interests. Whether section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 applied. Issue not raised before trial judge. CA. 24th June 1999.
by Beldam LJ; Robert-Walker LJ; Clarke LJ. Crown Copyright

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