The petitioner sought judicial review of a decision of the respondent, who was an adjudicator who had settled a dispute between the petitioner and an interested party to the proceedings, Amec Group Ltd. The petitioner and the interested party had entered into a sub-contract for various works to be carried by them at Calderglen High School, East Kilbride. The adjudication was the second one arising out of the same dispute between the parties. The petitioner sought judicial review of the decisio ...
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In this action, the pursuers raised an action for damages against both the first and second defenders, in respect of their alleged breach of contract and fault and negligence. The pursuers and both defenders had been engaged in a contract for conversion and extension of a warehouse in Peterhead, used by the pursuers as a fish processing complex. Both defenders averred that any right of action against them has been existed by short negative prescription. In reply, the pursuers denied that the d ...
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Alstom applied for an interim injunction to restrain Eurostar from entering into a contract with Siemens for design, supply and maintenance of high speed trains. Alstom’s case was based on alleged breach of the Utilities Contracts Regulations 2006, general EU Treaty principles of equal treatment, transparency, proportionality and good administration and also breach of a tender contract between Alstom and Eurostar. Alstom’s allegations of breach centred i) on the uncertainty of the applicable reg ...
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A contractor was entitled to summary judgment on its claim against its employer for payment where the parties had entered into a settlement agreement under which the contractor was entitled to payment for its work before it was required to remedy any alleged defects in that work and that agreement had not been varied. The court refused to grant a stay of execution as sought by CNM Estates. Akenhead J. was unsatisfied that Bewley would refuse or fail to put right the Agreed Defects and in any eve ...
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This case concerned an application for summary judgment to enforce an adjudicator’s award made against the respondent sub-contractor, Holystone. The application was resisted by the Defendant on the grounds that the adjudicator had strayed from the agreed contractual procedure in allowing Volker to submit new material after the agreed deadline. Coulson J. held that the adjudicator had been entitled, indeed obliged, to make enquiries within a stated time and accordingly there had been no breach of ...
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This case concerned a summary judgment application for enforcement of an adjudicator’s decision and, in particular, whether the decision was valid in light of an objection about jurisdiction from the responding party. Finding that the responding party had made maintained an effective reservation in relation to jurisdiction throughout the adjudication, the Court made provided the following guidance about how reservations as to jurisdiction should be made. First, there could be an express agreemen ...
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This case concerned a summary judgment application for enforcement of an adjudicator’s decision and, in particular, whether the decision was valid in light of an objection about jurisdiction from the responding party. Finding that the responding party had made maintained an effective reservation in relation to jurisdiction throughout the adjudication, the Court made provided the following guidance about how reservations as to jurisdiction should be made. First, there could be an express agreemen ...
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In December 2006 the petitioners, Atholl Developments (Slackbuie) Limited, entered into a construction contract with UBC Group Limited, on the standard form SBCC Scottish Building Contract with Approximate Quantities May 99 Edition (January 2004 revision), with additional incorporations and other terms agreed by the parties. Clause 41A of the standard terms contained provisions for Adjudication. Two adjudications occurred during the lifetime of the contract, both concerning the valuation of the ...
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The main contractor, Shepherd, appealed against a decision that it could not rely on a ‘pay when paid’ clause in its sub-contracts with the respondent in order to refuse payment to them after the employer went into administration. The clause stated that the employer was to be considered "insolvent" if an administration order was made against it under the Insolvency Act 1986 Pt II, or if an administrative receiver was appointed or if a winding up order was made. When the 1986 Act was amended by t ...
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This case considered the issue of Tolent clauses and their compliance with the HGCRA. The contract between the parties required the referring party to an adjudication to pay both parties’ costs and the adjudicator’s fees regardless of the outcome of the adjudication. Crucially, the Tolent clause concerning the costs of the adjudication only applied to the contractor – it did not apply to the employer if it started an adjudication. The Judge held that the clause was not compliant with the HGCRA. ...
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