The court was required to determine whether a defendant firm of solicitors was entitled to its costs on the indemnity basis. The court relied on the test set out in Excelsior Commercial & Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson (A Firm) [2002] EWCA Civ. 879, where the Court of Appeal reiterated that an order for indemnity costs could only be made where there was “some conduct or some circumstance which takes the case out of the norm.” The court stated that the exaggerated a ...
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The Claimant, CN Associates, applied for summary judgment to enforce the decision of an adjudicator. The issue for the court was whether the parties agreed to give the adjudicator jurisdiction to decide whether there was an effective construction contract in writing between the parties and, if not, as to whether there was such a contract between the parties. The court cited the well established rule that if a party does not effectively reserve its position on a given jurisdiction issue, of which ...
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Halo, a charity, sought to challenge the award of a contract for clearance of landmines by DFID to another charity, alleging breach of the Public Contract Regulations. The principal objection by Halo was that DFID had changed its policy, linking landmine clearance to other development activities, and that this had influenced the procurement process. The court said that the policy could not be challenged in this way; it would be a matter for a judicial review application. Halo also complained of ...
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The Defendant NHS Trust succeeded in its application for relief from the automatic suspension of its procurement process as a result of the Claimant tenderers’ challenge of its decision. The TCC described the case as raising issues as to how such suspensions should be treated, under the Public Contracts Regulations 2006 as amended by the Public Contracts (Amendment) Regulations 2009. The tender process was for establishment of a framework agreement for the operation of a purchasing function for ...
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This adjudication enforcement claim raised two issues, the first being whether the dispute decided in a second adjudication had been effectively decided in an earlier adjudication and secondly relating to whether the second adjudicator’s correction or amendment to his decision went beyond the correction of a clerical error. The court held that the first adjudicator had not had jurisdiction to make findings on an issue which was beyond the scope of the dispute referred to him, and since his findi ...
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This case concerned issues of liability, causation and loss arising out of allegations of professional negligence against the defendant, Mace and Jones, a firm of solicitors, who rendered advice to the Claimant in respect of a quarry site in Cheshire. The Claimant submitted that Mace and Jones failed to sort out the difficulties created by the original planning permission, granted by SHMBC in 1990, and, in particular, failed to give advicethat would have led the Claimant to make a fresh applicat ...
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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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