All articles by Charlene Linneman
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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
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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
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NewsAlways check the paperwork: Keith Lamming vs Revenue & Customs
Our Fenwick Elliott experts run through the case of Keith Lamming vs Revenue & Customs Commissioners
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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
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NewsFurmans Electrical Contractors vs Elecref: working hours
Fenwick Elliott discusses a dispute over reasonable payment for hours of work
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Comment
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 ...
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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 ...
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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 ...
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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 ...
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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.Both Alan Auld and Rick Pollard were chartered engineers. Alan Auld successfully tendered to provide project advice to the United Kingdom ...
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Comment
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. The parties later agreed to have their dispute determined ...
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Comment
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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Comment
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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Comment
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.Regus (UK) Limited (“Regus”) supplies serviced office accommodation. Epcot Solutions Ltd (“Epcot”) provides professional ...
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Comment
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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Comment
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. Cantillon had submitted two extension of time claims to adjudication, one for 16 weeks and one ...
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Comment
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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Comment
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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Comment
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 ...