Adjudication - Housing Grants, Construction and Regeneration, Act 1996 - Set-off against adjudicator's decision - Inability to set-off claim for liquidated damages or other claims against adjudicator's decision.
Tomlin Order - Settlement incorporated - Construction of Settlement terms - Commercial background - Term for award of further contracts - Meaning of award clear - Implied obligation of good faith - Agreement to agree.
Winding up petition against company - Disputed debt - Decision by adjudicator - Sums due under decision not paid - Whether status of decision permitted challenge by company in proceedings over nature of debt - Whether company unable to pay debts as and when they fell due.
Bond – Guarantee – Side agreement between employer and contractor as to on-account payments – Whether side agreement or payments made by employer discharged guarantor under bond. – Bond – Guarantee – Termination of contractor's employment upon appointment of administrator – Whether employer had claim for damages covered by bond – Clause 27 of JCT 1998 Standard Form – Whether clause requiring election between remedies.
CPR Part 7.4 – Service of particulars of claim required within 14 days of service of claim form – Failure to serve pleadings within that period – Parties agreeing to various stays over two-year period – Dispute not resolved – particulars of claim served out of time. – Defendants' application for summary judgment – Strike out of particulars of claim based on failure to serve within time. – Extension of time – Application by claimant retrospectively – Whether time should be extended – Whether particulars of claim should be struck out.
Arbitration – Serious irregularity under Arbitration Act 1996, section 68 – Permission to appeal under Arbitration Act 1996, section 69 – Whether applications under sections 68 and 69 barred by section 70 of Arbitration Act 1996 – Whether available recourse under section 57 of Arbitration Act 1996 exhausted.
Adjudication – Successive adjudications – Party providing second adjudicator with first decision. – Adjudication – Enforcement – Summary judgment – Whether second adjudicator was bound by first decision – Whether breach of natural justice to consider or apply findings of first adjudicator.
CPR 32.14 – Application for permission to apply for committal for contempt – Statements made in witness statements with statement of truth – Reckless as to whether the statement is truthful – Practice Direction 81, paragraph 5.2.
Arbitration Act 1996, section 9 – Stay to arbitration – Dispute resolution clause not an arbitration agreement. – Senior Courts Act 1981, section 49 – Stay of proceedings pursuant to inherent jurisdiction of the court – grounds for granting stay – Fairness and efficiency of dispute resolution.
Adjudication – Second adjudication between parties – Same adjudicator – Whether adjudicator in first adjudication made findings on deduction of liquidated damages – Findings on withholding notices and on “no loss” – Enforcement – Whether adjudicator reconsidering or changing his mind on matter already decided.
Building Act 1984 – Section 78 – Exercise of power – Section 106 – Claim for compensation – Independent cause of action not required – Meaning of “in default” – Effect of section 77 application to Magistrates' Court.
Mediation – Mediation agreement requiring written agreement – Mediation hearing ended without settlement – Discussions between parties continuing – agreement reached but Tomlin order not finalised. – Settlement – Negotiation about wording of order – Whether action compromised.
Adjudication – Housing Grants, Construction Regeneration Act 1996, section 104 – Defi nition of construction contract – Whether collateral warranty amounts to a construction contract for the carrying out of construction operations.