Construction Law & Laws in the UK
Below are recent construction law cases from our CaseCheck archive. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
 
Walter Lilly & Co Ltd v Mackay [2012] EWHC 649 (TCC)  -  Akenhead J in the TCC considered the extent to which legal professional privilege extended to correspondence with and documents produced by claims consultants. The Claimant applied for a disclosure order for correspondence between the Defendant and its claims consultant, and documents produced by the... more...
Swindon BC v Forefront Estates [2012] EWHC 231 (TCC)  -  The local authority sought to recover sums paid for emergency works to a dangerous building owned by the Defendant under the Building Act 1984 section 78. The Defendant argued that section 78(5) of the Act prevented the recovery of expenses where the local authority could reasonably have acted through... more...
Inframatrix Investments Ltd v Dean Construction Ltd [2012] EWCA Civ 64  -  The Court of Appeal dismissed an appeal against a ruling at first instance that a claim for damages for breach of a construction contract was barred by a contractual limitation clause. The Appellant employer engaged the Respondent contractor to provide roofing and cladding works. The contract contained... more...
Herbosh-Kiere Marine Contractors Ltd v Dover Harbour Board [2012] EWHC 84 (TCC)  -  The Claimant was employed by the Defendant to provide resources to remove the remains of a cargo ship deliberately sunk in the Dover Harbour during the First World War. The removal was completed late and disputes arose concerning the final account. The Claimant successfully issued adjudication proceedings... more...
Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch)  -  This preliminary issue hearing concerned whether the Defendant was a 'utility' for the purposes of the Utilities Contracts Regulations 2006 or a 'contracting authority' for the purposes of the Public Contracts Regulations 2006 such that the EU procurement regime would apply. The Defendant had invited... more...
Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWC 43 (TCC)  -  In this case the Defendant firm of solicitors applied to strike out an amendment to the claim which alleged that there was a single agreement or retainer between the Claimant on the one hand and the Defendant in its current incorporated form and its predecessor firms Pinsent Masons and Masons on the... more...
Leander Construction v Mulalley and Co Ltd [2011] EWHC 3449 (TCC)  -  This case concerned whether a sub-contract allowed the main contractor (Mulalley) to claim from the sub-contractor (Leander) if the sub-contractor's actions interfered with the progress of the main contract works. Mulalley issued withholding notices for delays by Leander, which Leander challenged in... more...
Lanes Group v Galliford Try Infrastructure Ltd [2011] EWHC Civ 1617  -  The Court of Appeal considered conjoined appeals and a cross-appeal arising out of two decisions of the TCC which (i) affirmed the jurisdiction of an adjudicator in spite of the fact that the adjudicator was the second appointed adjudicator, but then (ii) held that the second adjudicator's decision was... more...
Carillion Construction v Smith [2011] EWHC 2910 (TCC)  -  Carillion sought a declaration that an adjudicator in an adjudication commenced by Smith had no jurisdiction as the same case or substantially the same dispute had already been referred. Smith had referred three adjudications. The second adjudication concerned Smith's claim for consequential losses arising... more...
NAP Anglia Ltd v Sun-Land Development Co Ltd [2011] EWHC 2846(TCC)  -  The interesting point in this adjudication enforcement decision is whether execution of a summary judgment in favour of enforcement of the adjudicator's decision should be stayed until the decision of a county court case which was hearing the same matter. It is established that a party may refer a dispute... more...
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