All articles by Charlene Linneman – Page 2
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Comment
DRC Distribution Ltd vs Ulva Ltd
This was the hearing of a preliminary issue. DRC Distribution Ltd (“DRC Distribution”) and DRC Polymer Products Ltd (“DRC Polymer”) were sister companies. In 2003 DRC Distribution and Ulva Ltd (“Ulva”) entered into a long term supply agreement for 100% of Ulva’s requirements for an insulation cladding system. ...
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Comment
Go with the flow
This was an appeal from HHJ Armitage’s judgement awarding the fees claimed by Weetwood Services Ltd (“Weetwood”) in the sum of £7,092.68. Ansvar Holdings Ltd (“Ansvar”) sought planning permission to extend a building they owned for the storage of motor vehicles. A water course traversed this land and ...
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Comment
Securities and excess
This was a decision of the New South Wales Court of Appeal in relation to the New South Wales adjudication legislation, the Building and Construction Industry Security of Payment Act 1999 (the “Act”). John Holland Pty Ltd (“John Holland”) and the Roads and Traffic Authority of New South Wales ...
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Comment
Get it fixed
SWI Ltd entered into a subcontract with P&I Data Services Ltd for building works. SWI’s and P&I’s subcontract specified that a price would be paid for works listed on the tender documents. It was common ground that if P&I required works to be performed that were not the subject of ...
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Comment
Everyone’s a loser
Ms Tomlinson and Mr Wilson, a builder, entered into a contract for the construction of a small kitchen and bathroom extension to Tomlinson’s house in Easingwold. The parties agreed that the contract sum would be paid in stages.Wilson had constructed the extension to roof level when work ceased. This work ...
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Comment
A false move
Connolly Ltd sought rectification of a contract for the sale of a piece of land for mixed commercial and residential development or damages for deceit. The purchaser was Bellway Homes Ltd. Connolly contracted to sell Bellway a development site subject to planning permission being granted. It was agreed between Connolly ...
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Comment
Office politics
Regus (UK) Limited supplies serviced office accommodation. Epcot Solutions Ltd provides professional IT training. Epcot entered into an agreement with Regus on Regus’ usual terms and conditions for the use of serviced office accommodation for Epcot’s training courses. Epcot initially rented office accommodation in Heathrow. After Regus closed this location, ...
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Comment
When a contract does not comply
Jerram engaged Aveat to carry out plumbing and mechanical works pursuant to a contract incorporating the GC/Works sub-contract conditions (the 'Contract'). The adjudicator gave his decision for Aveat on 17 November 2006. Jerram resisted enforcement on the basis that the terms of the Contract were not compliant with the Housing ...
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Comment
Striking a balance
This was an appeal against a decision incorporating a term into a contract between Gordon Russell (UK) Ltd and Peter Warwick. Warwick had bought bespoke furniture from Gordon Russell. Gordon Russell had provided three quotations to Warwick. The third quotation included the term that the balance was due “on completion/sign-off ...
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Comment
Ratings war
Metropole (Folkstone) appealed against a decision of the Customs commissioners that the supply of works to replace the balcony of a listed building was standard rated for VAT purposes. Metropole was a company representing the flat owners who had purchased the freehold to a listed building. Once Metropole purchased the ...
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Comment
Falling short
This was an appeal from a decision of the Inner House of the Scottish Court of Sessions that Robb was 50% to blame for an accident and that his employer, Salamis (M&I) Limited (“Salamis”), had not breached the Provision of Use of Work Equipment Regulations 1998. Robb claimed damages against ...
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Comment
Is this binding?
3DM (3DMA) Pte Ltd (“3DMA”) sought payment of their retainer under an alleged consultancy agreement with 3DM 3DM Worldwide Ltd (“3DM Worldwide”). 3DMA claimed it entered into the consultancy agreement to provide corporate finance advice and project management assistance in developing 3DM Worldwide’s business. Draft consultancy agreements had passed between ...
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Comment
Unstable ground
This was an appeal against a ruling on a preliminary issue. Technotrade Ltd had produced a site investigation report dated 14/12/98 on a sloping site. The report found that it was satisfactory for the proposed development of a number of two storey houses and contained no prohibition against assignment.When the ...
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Comment
Is this a wind-up?
A subcontractor, SCC Construction Ltd, raised a number of invoices against the head contractor, Medlock Projects Ltd. The invoices were not paid and SCC presented a winding-up petition against Medlock to the court. Medlock Projects applied to restrain advertisement of the winding up petition. The unpaid invoices were for £51,642 ...
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Comment
The taxman cometh
This was a trial of a preliminary issue. The issue was whether the contract for supply of building workers to London Recruitment Services was a contract with one subcontractor (Euro Pay Limited) which held a Construction Industry Scheme Tax Certificate or whether Euro Pay was itself contracting as agent for ...
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Comment
Highway patrol
This was an appeal by the London Borough of Camden against a decision of the Magistrates Court dismissing summonses brought against the Mortgage Times Group Ltd. Camden alleged three offences against Section 34 (1)(b) of the Environmental Protection Act 1990. Camden alleged that Mortgage had failed to take all ...
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Comment
A leaking roof
This was an appeal from the judgement of JJH Armitage QC against one part of Carr’s counterclaim regarding the roof. CGA Brown Ltd was the builder who carried out works for the defendants (Carr) at their house in Rochdale in 2003. Carr was awarded an on-account balance judgement in their ...
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Comment
Under warranty
This was an appeal from a decision of judge Coulson. The Judge held that Decoma UK Ltd could claim damages, subject to a cap, but could not claim under the contract.Decoma was an operator of paint-spraying facilities and Haden Drysys International Ltd specialised in the design and construction of processed ...
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Comment
Land grab
Ms Sugarman was the freehold owner of land known as Ruston Withdean Avenue, Brighton. Sugarman sought a declaration that the defendants were not entitled to the benefit of convenants set out in a schedule attached to the conveyance of Sugarman's property. Alternatively Sugarman sought a declaration that the defendents were ...
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Comment
When is an agreement a contract?
This was an application for declaratory relief to establish that the payment claim issued by United Group Infrastructure Pty Ltd dated 14 November 2005 was not a payment claim that is subject to the regime for assessment and adjudication established by the Building and Construction Industry Payments Act 2004.Pioneer Sugar ...
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