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Abbott v Will Gannon & Smith Ltd. [2005] ABC.L.R. 03/02
Accrual of action - statutory limitation -negligent design - Pirelli and Murphy revisited. CA on appeal from Judge Childs, Exeter CC. 2nd March 2005.
by Mummery LJ, Tuckey LJ. Clarke LJ. Crown Copyright

Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] ABC.L.R. 02/25
Penalty Clause : On the facts of the case was a liquidated damages clause for late completion a penalty and thus unenforceable. Held NO : A reasonable attempt at pre-estimation. TCC. 25th February 2005.
by Mr Justice Jackson : Crown Copyright.

Baker & Davies Plc v Leslie Wilks Associates [2005] ABC.L.R. 6/30
Design Liability : Contribution sought from architects/designers. TCC. 30th June 2005.
by His Honour Judge Havery : Crown Copyright.

Bella Casa Ltd v Vinestone Ltd [2005] ABC.L.R. 12/09
Loss of Use : Claim for damages for loss of use of premises due to need for remedial work limited to natural claiments : corporate personalities precluded. TCC. 9th December 2005
by HHJ Peter Coulson QC: Crown Copyright

Birse Construction Ltd v McCormick (UK) Ltd (Formerly Mccormick (UK) Plc) [2005] ABC.L.R. 07/26
Failed Appeal : Establishing cause of action in a claim for breach of contract and Statutory Limitation. 26th July 2005.
by Clarke LJ; Carnwath LJ; Mr Justice Patten. Crown Copyright

Brian Warwicker Partnership v Hok International Ltd [2005] ABC.L.R. 07/27
Failed appeal against Mr Recorder Blunt's order of contribution by Architect for the damages due to property developers for defective design and build. No appeal against decision of facts - where correct test regarding causation applied to the determination. CA. 27th July 2005.
by The V.C.; Arden LJ; Keene LJ. Crown Copyright

Charles David Jackson v Laurieston Homes (Howwood) Ltd [2005] ABC.L.R. 01/14
Non-payment of construction contract sums : Arrestment as security under Scottish Law. Outer House, Court of Session. 14th January 2005.
by Lord Eassie. Crown Copyright

Clark Smith Partnership Ltd v Leyton Football Club [2005] ABC.L.R. 21/14
Notice : AEC Payment provisions : Whether notice pre-requisite to payment for variation. Deputy Judge : TCC. 14th December 2005
by Colin Reese QC : Crown Copyright

E & J Glasgow Ltd v. UGC Estates Ltd [2005] ABC.L.R. 05/16
When can terms be implied into a construction contract? In the circumstances, assertions of lack of information leading to variations and delay failed. Outer House, Court of Session. 16th May 2005
by Opinion of Lord Eassie. Crown Copyright

Henry Boot Construction Ltd. v Alstom Combined Cycles Ltd. [2005] ABC.L.R. 06/16
When does an action for payment accrue and time start to run for the purposes of limitation - when work is done or on certification? Held : On certification or when the certificate should have been issued. This applies individually to interim payments and to the final account. Applicable equally re jurisdiction for adjudication. CA. 16th June 2005.
by Dyson LJ; Thomas LJ. Crown Copyright

Ian McGlinn v Waltham Contractors Ltd [2005] ABC.L.R. 05/24
Costs of fulfilling pre-action protocol not recoverable. TCC. 6th July 2005
by His Honour Judge Peter Coulson. Crown Copyright

Lesotho Highlands Development Authority v Impregilo SpA [2005] ABC.L.R. 06/30
Currency of award. Successful appeal to House of Lords. 30th June 2005.
by Lords Steyn; Hoffmann; Phillips ; Scott ; Rodger : Crown Copyright

Ove Arup v Mirant Asia-Pacific Construction Ltd [2005] ABC.L.R. 12/21
Defective design. Damages claim for defective design in relation to a coal fired generation plant in the Phillipines. CA on appeal from TCC (HH Judge Toulmin CMG, QC). 21st December 2005.
by Mummery LJ; May LJ; Richards LJ. Crown Copyright

Pearson Education Ltd v The Charter Partnership Ltd [2005] ABC.L.R. 10/10
Liability of architect in tort. TCC. 10th October 2005.
by HHJ Thornton. Crown Copyright

Phillip Small v Andrew Martin : Andrew Martin v James Fenton [2005] ABC.L.R. 12/21
Self Help : Domestic Works : Non-payment for construction works : cross claim for damages : Self help amounting to criminal harassment. Adjudication, mediation or litigation would have been preferable. Contractor's poor timesheets and evidence. TCC. 21st December 2005.
by His Honour Judge John Toulmin CMG QC : Crown Copyright

Quarmby Electrical Ltd. v Trant (t/a Trant Construction ) [2005] ABC.L.R. 03/17
Use of single joint witnesses in low value cases : Construction dispute. TCC. 17th March 2005.
by Mr Justice Jackson : Crown Copyright

S & W Process Engineering Ltd v Cauldron Foods Ltd [2005] ABC.L.R. 01/28
Formation of a contract - oral and written terms. 28th January 2005
by HHJ Peter Coulson. Crown Copyright

Shawton Engineering Ltd v DGP International Ltd (t/a Design Group Partnership) [2005] ABC.L.R. 11/18
Time at large. CA. 18th November 2005
by May, LJ, Jacob LJ, Lloyd LJ.

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