C and D were parties to a sub contract wherein C agreed to carry out structural steelworks and roofworks. Subsequently heads of agreement were concluded. Disputes between C and D emerged and a supplemental agreement was concluded amending the sub-contract by provided that the provisions of the agreement were in full and final settlement of all disputed up to 15 February 2004. A draft certificate was subsequently prepared that included a figure for "gross evaluation to February 15, 2004". Follow ...
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C had entered into a contract to provide civil engineering works to a house builder including the design and carrying out of piling works and project management. The properties constructed began to show signs of cracking due to settlement. The house builder commenced proceedings for damages in relation to C’s allegedly defective design and/or construction of the piles. The court was required to determine preliminary issues as to the extent of insurance coverage under a professional indemnity po ...
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C (Connolly) sought rectification of a contract for the sale of land entered into with D (Bellway) and also brought a claim in deceit. C contracted to sell D a site subject to planning permission being granted. The site price was ‘indexed’ in the agreement to ensure that C would share in any increase in value after discounting inflation in building costs, pending completion. The rectification claim concerned the expression of this indexation provision in the agreement, specifically the formula f ...
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The appellant, an undischarged bankrupt appealed against an order committing him to prison under the Insolvency Act 1986 s.364(2)(c) for failure and refusal to co-operate with the respondent trustee in bankruptcy. Held that although it was compatible with the European Convention of Human Rights 1950 Art.5 for an application under the Insolvency Act 1986 s.364 to be made without notice to the bankrupt, the evidence before the court had to make out a good case for proceeding without notice. It was ...
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A, the appellant shipowner, (Golden Strait), appealed against a decision that it was not entitled to damages measured by reference to the full term of a time charter that had been repudiated by R, the respondent charterer (Nippon). R would have been entitled, by virtue of the war clause, to cancel the charter on the outbreak of the war in Iraq, had the charter still been running. The issue concerned the circumstances in which, where damages for an accepted repudiation are claimed, a party in bre ...
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A, the appellants (Ritchie), had purchased farming equipment from R, the respondents (Lloyd), which turned out to be defective. R repaired the goods but refused to disclose the nature of the defect to A. A appealed against a decision of the Extra Division of the Court of Session that it had not been entitled to reject the equipment. The issue concerned the effect of s.35(6)(a) Sale of Goods Act 1979 on the buyer’s right to reject goods which, on delivery, materially disconform to the contract. A ...
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The institution by Eurotunnel group companies of safeguard proceedings in France amounted to a bankruptcy event that enabled a bank to terminate its finance agreement with one of the companies and claim under a credit indemnity insurance policy entered to protect it in respect of its credit exposure under that agreement.
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The terms of a company voluntary arrangement would have been effective to prevent landlords from enforcing guarantees given by a parent company in respect of its subsidiary’s obligations under leases but in the circumstances the CVA unfairly prejudiced the interests of the landlords as creditors of the subsidiary within the meaning of the Insolvency Act 1986 s.6(1)(a).
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The appellant company (A) appealed against a decision that it could not claim against the R1 (Bank of Zambia) as the beneficiary of a declaration of trust of a debt admittedly due from R1 and R1 appealed against a decision that the debt had been validly assigned. The admitted debt due from R1 had been traded in the distressed debt market under a facility which, according to its terms, only permitted assignment with R1’s prior written consent. This was deemed to have been given if R1 failed to re ...
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The issue concerned whether an injunction should be granted against a person bound by an arbitration agreement to restrain him from commencing or prosecuting proceedings in breach of the agreement in a court of another Member State that had jurisdiction under Regulation 44/1001. A, the appellant insurers (RAS) appealed against a decision which granted an injunction restraining them from proceeding with an action that they had commenced against R, the respondent shipowner (West Tankers) in Italy. ...
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