Charlene Linneman
NewsStephanie Baker vs Quantum Clothing Group: Noise-induced hearing loss
An worker in a knitting factory won an appeal against her employee for not sufficiently looking after her health
NewsSelf-employment: Providing a personal service
Our expert from Fenwick Elliott discusses the case of MPG vs England, about whether you are obliged under a contract to perform the services yourself
NewsAlways check the paperwork: Keith Lamming vs Revenue & Customs
Our Fenwick Elliott experts run through the case of Keith Lamming vs Revenue & Customs Commissioners
NewsAmec vs Universal Steels: Withholding documents as bargaining tool
Fenwick Elliott discusses a case in which Amec tried to obtain an injuction to make Universal deliver quality assurance document
NewsFurmans Electrical Contractors vs Elecref: working hours
Fenwick Elliott discusses a dispute over reasonable payment for hours of work
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Adjudicator's jurisdiction
The CaseEuro Construction Scaffolding (“Euro”) was engaged by SSLB Construction Limited (“SSLB”) to provide scaffolding in relation to a swimming pool. Euro had provided a written quotation for scaffolding in December 2007. The parties disagreed as to what occurred next: SLLB asserted that it called Euro to confirm that it ...
CommentEnforcing a summary judgement
The CaseJackson engaged VGC to provide various construction services relating to the provision of ducts and cabling on the M3 Motorway. The sub-contract overran by 26 weeks. Following the submission of applications for payment 13 and 14, and the imposition of various set-offs by Jackson, VGC commenced adjudication. The referral ...
CommentDangerous defects
The CaseBirmingham Development Company (“Birmingham”) was a property developer. Birmingham developed a site next to land owned by Michael Jacob Tyler (“Tyler”). Tyler had a factory on his land. During the development demolition of the gable wall of the building on Birmingham's site exposed part of the flank wall of ...
CommentLock-up agreements
The CaseThis was a case involving the Middlesborough Dock, now renamed Middlehaven. Chilli Developments Ltd (“Chilli”) expressed an interest in undertaking a development on the land. There were negotiations with English Partnerships (“English”) and Tees Valley Regeneration Ltd (“Tees”) for a development agreement to enable Chilli to build on part ...
CommentNon payment of fees
The CaseThis was an appeal from a County Court judgment dismissing Alan Auld Associates Ltd (“Alan Auld”)’s claim and giving judgment for Rick Pollard Associates (“Rick Pollard”) on its counterclaim.
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Expert determination: Owen Pell v Bindi (London)
Owen Pell Limited (“Owen Pell”) entered into a contract with Bindi (London) Limited (“Bindi”) for Owen Pell to build an extension and undertake M&E work at Bindi’s property at Holme Lacy. Owen Pell left site before work was complete.
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Setting off LADs: Avoncroft Construction Ltd vs Sharba Homes (CN) Ltd
This was an application to enforce an adjudicator’s decision awarding Avoncroft Construction Ltd (“Avoncroft”) £56,380. Avoncroft applied for summary judgment. Sharba Homes (CN) Ltd (“Sharba”) resisted this application on the basis that it was entitled to set off LADs. Alternatively, Sharba sought a stay of execution, or ...
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House of Lords decision: Reinwood Ltd v L Brown & Sons Ltd
This was an appeal to the House of Lords by a contractor, L Brown & Sons (“Brown”) against a Court of Appeal decision which had held that Brown had not been entitled to determine a contract (JCT Standard Form 1998 edition) between it and the respondent employer, Reinwood Limited (“Reinwood”), ...
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Exclusion clause: Regus (UK) Ltd vs Epcot Solution Ltd
This was an appeal from a decision that an exception clause in its standard terms was unreasonable and unenforceable under the Unfair Contract Terms Act 1977 (“UCTA”). The judge’s decision was reported in a previous briefing.
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Termination of a contract: M&J Polymers Ltd vs Imerys Minerals Ltd
M&J Polymers Ltd and Imerys Minerals Ltd entered into a contract for M&J to supply dispersants, which are chemicals used in the breakdown of clay and other materials, to Imerys. M&J began supplying dispersants in 1991. A new supply contract was entered into in January 2005 for the ...
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Claim to enforce an adjudication: Cantillon Ltd vs Urvasco Ltd
This was a claim to enforce an adjudication decision. The decision allowed Cantillon Ltd £391,565.50 plus VAT and one fifth of this decision related to Cantillon’s claim for 13 weeks extension of time.
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Statutory demand for payment: Moorside Investments vs DAG Construction
This was an application by Moorside Investments Ltd (“Moorside”) to restrain the presentation of a winding up petition based on a statutory demand by DAG Construction Ltd (“DAG”). The dispute arose out of a construction contract that was partly oral and partly in writing. The contract was partly made on ...
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Neil Martin Ltd vs Revenue & Customs Commissioners
This was an appeal from a decision that the commissioners for Her Majesty’s Revenue and Customs (HMRC) could not be liable for breach of statutory duty or for breach of a common law duty of care in failing to process an application for a subcontractor’s tax certificate within a reasonable ...
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Cundall Johnson & Partners LLP vs Whipps Cross University Hospital NHS Trust
This was an application for a stay of proceedings on the grounds of non compliance with the Pre-action Protocol for Construction and Engineering Disputes. Cundall Johnson & Partners LLP (“Cundall”) were a firm of consulting engineers. Whipps Cross University Hospital NHS Trust (“Whipps”) was an NHS Trust responsible ...