Building Law Reports

Arbitration - Stay - Contract - Incorporation by reference - Whether arbitration clause of sub-contract incorporated into sub-sub-contract - Whether agreement in writing - Arbitration Act 1950, section 32

Contract - Assignment - Whether personal confidence in individual - Whether benefit can be assigned - Individual not contracting party

Contract - Assignment - JCT Conditions 1963 Edition, 1972 and 1975 revisions, clause 17(1) - JCT Minor Works Form, 1980 Edition, clause 3.1 - Effect of prohibition on assignment without consent of contractor - Whether assignor’s action for substantial damages for breach of contract maintainable - Measure of damages of assignor

Damages - Effect of assignment of property at “book value” - Plaintiff entitled to diminution in value calculated by reference to cost of remedial work

Arbitration - Stay - Poverty of plaintiff - Discretion to refuse stay - Legal Aid Act, 1988, section 31(1)

Practice - Stay of proceedings for arbitration - Plaintiff impecunious and eligible for legal aid