The “Other” Adjudication: why property lawyers need to know about construction adjudication – Hardwicke Chambers

Posted December 5th, 2011 in construction industry, dispute resolution, news by sally

“In a property context, when we talk about adjudication, we normally mean the Land Registry adjudication procedure for resolving disputes about registered land.”

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Hardwicke Chambers, 30th November 2011

Source: www.hardwicke.co.uk

Kim Barker Construction fined over drilling injuries – BBC News

Posted November 16th, 2011 in accidents, construction industry, fines, health & safety, news by tracey

“A firm has been fined after a construction worker was badly burnt when he struck an underground cable while drilling to put up a sign.”

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BBC News, 16th November 2011

Source: www.bbc.co.uk

Rainy Sky SA and others v Kookmin Bank – WLR Daily

Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311

“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk

Construction Industry Training Board v Beacon Roofing Ltd – WLR Daily

Posted October 28th, 2011 in construction industry, employment, law reports by tracey

Construction Industry Training Board v Beacon Roofing Ltd: [2011] EWCA Civ 1203;  [2011] WLR (D)  302

“The issue as to whether the purpose of an agreement or arrangement between an employer and another person was wholly or mainly the provision of that or any other person’s services to the employer in his trade or business within the definition of a ‘labour-only agreement’ in article 2(1)(h) of the Industrial Training Levy (Construction Industry Training Board) Order 2009 was to be determined objectively by reference to the terms of the contract and the relevant background, and not by reference to the reasons of either or both of the parties for entering into the contract.”

WLR Daily, 26th October 2011

Source: www.iclr.co.uk

Appeal Court rules in favour of homeowner sued over “cowboy” builder accident – Daily Telegraph

Posted February 23rd, 2011 in compensation, construction industry, health & safety, news, personal injuries by sally

“Home owners are not responsible for the safety of workmen on their property, the Court of Appeal has ruled, throwing out a Polish builder’s claim for compensation from a woman who refused to let him walk on her pristine white carpets.”

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Daily Telegraph, 23rd February 2011

Source: www.telegraph.co.uk

Construction firm branded ‘complete disgrace’ by high court judge – The Guardian

Posted February 4th, 2011 in construction industry, contempt of court, freezing injunctions, news by sally

“CCC, which has history of British political donations, failed to comply with court orders freezing its assets.”

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The Guardian, 2nd February 2011

Source: www.guardian.co.uk

Robinson v PE Jones (Contractors) Ltd – WLR Daily

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4

“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”

WLR Daily, 19th Janaury 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rogue traders sentenced over East Midlands £1.5m fraud – BBC News

Posted December 10th, 2010 in conspiracy, construction industry, fraud, news, sentencing by sally

“A gang of rogue builders who conned hundreds across the East Midlands with substandard work have been sentenced.”

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BBC News, 8th December 2010

Source: www.bbc.co.uk

The Bridgewater Canal Co Ltd v GEO Networks Ltd – WLR Daily

Posted December 2nd, 2010 in canals, compensation, construction industry, law reports, telecommunications by sally

The Bridgewater Canal Co Ltd v GEO Networks Ltd [2010] EWCA Civ 1348; [2010] WLR (D) 306

“On the proper construction of the Electronic Communications Code, set out in Sch 2 to the Telecommunications Act 1984 as amended by the Communications Act 2003, the special regime which applied to linear obstacles differed not only from the general regime but also from the other special regimes for which the code provided. When determining, under para 13(2)(e of Sch 2), an award of compensation or consideration in respect of the right to carry out works and the loss sustained by reason of doing so in implementation of the right to install and keep, there was no reason to interpolate into the words ‘the right to carry out the works’ in para (13)(2)(e) the additional words ‘and to keep the same’. Accordingly, an operator of a communications network installing a cable through an existing duct under a canal was liable to pay to the person with control of the land compensation only for the right to execute the works and not also for the right to keep them on the relevant land as and when executed.”

WLR Daily, 1st December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Warning for firms that set up trade union blacklist – The Guardian

Posted July 17th, 2009 in construction industry, news, trade unions by sally

“Major companies which set up and funded a secret blacklist to deny work to thousands of trade unionists will escape prosecution, it emerged today. A judge fined a private investigator who operated the covert blacklist but said he was not the only person responsible but was financed by big ‘high street’ companies. Major firms in the construction industry will be officially warned that they will be prosecuted if they set up a new blacklist.”

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The Guardian, 17th July 2009

Source: www.guardian.co.uk

Gangmaster laws to be extended to cut deaths in construction industry – The Guardian

“Directors will be legally forced to ensure good health and safety management and gangmaster licensing will be extended to the construction industry as the centrepiece of a hard-hitting government inquiry into the high number of fatalities on Britain’s building sites published today.”

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The Guardian, 8th July 2009

Source: www.guardian.co.uk