Legal Briefing - 2007 archive
A.R.T. Consultancy Ltd v Navera Trading Ltd
December 2007
Click to download PDF
Had the terms of a standard form contract been incorporated into the agreement between the parties?
Quest 4 Finance Ltd v (1) John Maxfield (2) John Carter (3) Michael John Chesney
December 2007Click to download PDF
Were the warranties entered into by the company directors actually personal guarantees?
Cundall Johnson & Partners LLP v Whipps Cross University Hospital HS Trust
December 2007Click to download PDF
What were the consequences of failing to comply with the Pre Action Protocol?
ROK Build Ltd v Harris Wharf Development Company Lmiited
November 2007Click to download PDF
What were the consequences of failing to identify the correct party on the notice of adjudication?
Melville Dundas Ltd (in receivership) and Others v George Wimpey UK Ltd and Others
November 2007Click to download PDF
The contractor went into administration; what was the impact on the employer's payment obligations?
Bennett (Electrical) Services Ltd v Inviron Ltd (2007)
November 2007Click to download PDF
Was the letter of intent a contract in writing within the meaning of section 107 of the Housing Grants Act?
John F Hunt Demolition Ltd v ASME Engineering Ltd
November 2007Click to download PDF
If you are seeking to pass a claim on and a settlement is made in the absence of liability, would that of itself render that settlement unreasonable?
DRC Distribution Ltd v Ulva Ltd
October 2007Click to download PDF
What are the potential problems in entering into exclusive supply agreements for a lengthy period of time?
DGT Steel and Cladding Ltd v Cubitt Building and Interiors Ltd
October 2007Click to download PDF
Will a temporary stay be granted to restrain the court proceedings until an adjudication of the underlying dispute has taken place?
Mast Electrical Services v Kendall Cross Holdings Ltd
October 2007Click to download PDF
Did the sub contract arrangements constitute contracts in writing for the purposes of Section 107 of the Housing Grants Act?
John Holland Pty Ltd v Roads and Traffic Authority of New South Wales
September 2007Click to download PDF
In Australia, was a contract administrator administering a final certificate able to come to a different conclusion to that reached by an adjudicator at first instance?
A C Yule & Son Ltd v Speedwell Roofing & Cladding Ltd
September 2007Click to download PDF
In an adjudication, did the responding party's failure to respond to a request for an extension of time amount to an agreement to the requested extension?
Sydenhams (Timber Engineering) Ltd v Chg Holdings Ltd (2007)
September 2007Click to download PDF
What was the effect of the supplemental agreement on the main contract terms?
Weetwood Services Ltd v Ansvar Holdings Ltd
September 2007Click to download PDF
What was the limit of Westwood's obligations under the contract?
Thomas Vale Construction Plc v Brookside Syston Ltd
August 2007Click to download PDF
Was the subcontract a fixed price contract?
Pierce Design International Ltd v Mark Johnston & Another
August 2007Click to download PDF
How will the Courts apply the House of Lords decision in the Melville Dundas case?
HG Construction Ltd v Ashwell Homes (East Anglia) Ltd
July 2007Click to download PDF
Is a subsequent adjudicator bound by the decision in an earlier adjudication?
Mott Macdonald Ltd v London & Regional Properties Ltd (2007)
July 2007Click to download PDF
Was the provision of consultancy services governed by a contract evidenced in writing?
Margaret Tomlinson v Iain Watson (t/a Wilson & Chamberlain)
July 2007Click to download PDF
Had the contract been repudiated?
Golden Straight Corporation v Nippon Yusen Kubishika Kaisha
July 2007Click to download PDF
How will the courts approach the measurement of damages following repudiation?
Reinwood Ltd v L Brown & Sons Ltd (2007)
July 2007Click to download PDF
Is an employer entitled to deduct damages where the certificate of non-completion was cancelled by a subsequent grant of an extension of time?
Lead Technical Services Ltd v CMS Medical Ltd
June 2007Click to download PDF
Was the contract really evidenced in writing?
Connolly Ltd v Bellway Homes Ltd
June 2007Click to download PDF
What are the difficulties involved in rectifying contracts on the basis of mistake?
Peter Anthony Rennie v Westbury Homes (Holdings) Ltd (2007)
June 2007Click to download PDF
Was the option to purchase validly extended through correspondence?
Regus (UK) Ltd v Epsot Solutions Ltd
June 2007Click to download PDF
Did the standard terms of contract restrict or exclude the right to claim for loss or business or profits?
Hart Investments Ltd v Terence Maurice Charles Fidler (t/a Terence Fidler Partnership) Larchpark Ltd (in liquidation)
May 2007Click to download PDF
If you are only employed in relation to the permanent works, are you under any duty to warn in respect of any obvious danger with the temporary works?
Nigel Peter Albon (t/a N A Carriage Co) v (1) Naza Trading SDN BHD (a company incorporated in Malaysia (2) Tan Sri Dato Nasimuddin Amin
May 2007Click to download PDF
Should the dispute be resolved by arbitration in Malaysia or the English courts?
(1) William David Lloyd (2) MGL *Rugby) Ltd v Andrew Michael Sutcliffe (2007)
May 2007Click to download PDF
How will the courts interpret "entire agreement" clauses?
L Brown & Sons Ltd v Crosby Homes (North West) Ltd
May 2007Click to download PDF
Were the disputes referred to the adjudication arising "under" and/or "out of or in connection with" the contract?
Halifax Life Ltd v The Equitable Life Assurance Society
April 2007Click to download PDF
What happens if an expert, in an expert determination, fails to provide sufficient reasons?
Pearson Education Ltd v Charter Partnership Ltd (2007)
April 2007Click to download PDF
Who was responsible for the flood damage?
Mr and Mrs Gort-Barten v M A Cherrington Ltd
April 2007Click to download PDF
Where there was no separate provision in the contract, which party was to carry out the detailed design?
A Blackwell (Contracts) Ltd v Gerling Allegemeine Verischerungs - AG (2007)
March 2007Click to download PDF
What does an "all risks" insurance policy cover?
Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd
March 2007Click to download PDF
How will the court assess damages for loss of the ability to obtain an injunction to prevent an infringement of a right to light?
London Bus Services Ltd v Tramtrack Croydon Ltd
March 2007Click to download PDF
Who was responsible for dealing with overcrowding on trams?
Aveat Heating Ltd v Jerram Falkus Construction Ltd
March 2007Click to download PDF
What if the terms of your contract do not comply with the HGCRA?
Redworth Construction Ltd v Brookdale Healthcare
February 2007Click to download PDF
When can you adjudicate under a Letter of Intent?
Gordon Russell (UK) Ltd v Peter Warwick
February 2007Click to download PDF
When there were three different quotations, which payment term applied to the contract between the parties?
Metropole (Folkestone) Ltd v Revenue and Customs Commissioners (VADT19917)
February 2007Click to download PDF
Was the replacement of the balance zero-rated or standard rated for the purposes of VAT?
(1) E H Humphries (Norton) Ltd (2) Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd
February 2007Click to download PDF
Who was responsible for the safety of workers on a roof?
McConnell Dowell Contractors (Aust) Pty Ltd v National Grid Gas Plc (formerly Transco Plc)
January 2007Click to download PDF
Was a supplementary agreement a separate "construction contract or, was it just a variation to the main contract?
Somerfield Stores Ltd v Skanska Rashleigh Weatherfoil Ltd
January 2007Click to download PDF
How relevant are the factual circumstances and commercial sense when it comes to interpreting a contract?
Robb v Salamis (M&I) Ltd (formerly known as Salamis Marine & Industrial Ltd
January 2007Click to download PDF
Is an employer obliged to anticipate situation which may give rise to accidents?
(1) Nasser Abadi (2) Atlas Construction Ltd v Abdullah Al-Anizi (2006)
January 2007Click to download PDF
Who was liable for the builder's and architect's fees? The doctor or the limited company?
(1) Themis Avraamides (2) Emma Maitland v (1) Mark Colwill (2) Stephen Martin (T/A Bathroom Trading Company)
January 2007Click to download PDF
Does a third party, under the Contracts (Rights of Third Parties) Act 1999, have to be expressly identified by name?
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