“The Consulting Association, a shadowy organisation that compiled a list of ‘troublemakers’ — with the help of the security services — for Britain’s biggest building companies was closed four years ago. Only now can its 3,200 victims go to court and hope to win.”
The Guardian, 3rd March 2012
Source: www.guardian.co.uk
“If you are a party to a construction contract and are trying to find a fast and efficient way to resolve a dispute arising out of the contract, you may be able to take advantage of the adjudication procedure set out in the Housing, Grants, Construction and Regeneration Act 1996 and the Statutory Scheme for Construction Contracts Regulations 1998. Catherine Piercy has written an article to assist in determining whether your contract falls within the statutory scheme. Once you have decided that you have a construction contract which falls within the HGCRA and is subject to the Statutory Scheme, this article provides a step by step guide to the adjudication and the adjudication process.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
“Adjudication is an increasingly used form of dispute resolution within the construction industry. It involves an independent, third party, considering the factual and legal arguments put forward by each party to a construction contract in order to resolve a dispute that has arisen under the contract.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
“In a property context, when we talk about adjudication, we normally mean the Land Registry adjudication procedure for resolving disputes about registered land.”
Hardwicke Chambers, 30th November 2011
Source: www.hardwicke.co.uk
“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.”
BBC News, 16th November 2011
Source: www.bbc.co.uk
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: [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
“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.”
Daily Telegraph, 23rd February 2011
Source: www.telegraph.co.uk
“CCC, which has history of British political donations, failed to comply with court orders freezing its assets.”
The Guardian, 2nd February 2011
Source: www.guardian.co.uk
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.
“A gang of rogue builders who conned hundreds across the East Midlands with substandard work have been sentenced.”
BBC News, 8th December 2010
Source: www.bbc.co.uk
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.
“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.”
The Guardian, 17th July 2009
Source: www.guardian.co.uk
“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.”
The Guardian, 8th July 2009
Source: www.guardian.co.uk
© Inner Temple Library 2023