i-law

Building Law Monthly

SURVEYOR NOT LIABLE FOR FALL IN MARKET
In Scullion v Bank of Scotland (t/a Colleys) [2010] EWHC 2253 (Ch), [2010] All ER (D) 87 (Oct), Richard Snowden QC, sitting as a Deputy Judge of the High Court, held that the claimant purchaser of a buy-to-let property was in principle entitled to..
Online Published Date:  08 November 2010
NO BREACH OF NATURAL JUSTICE IN CONDUCT OF ADJUDICATION
In Volker Stevin Ltd v Holystone Contracts Ltd [2010] EWHC 2344, [2010] All ER (D) 82 (Oct) Mr Justice Coulson held that there was no basis, either in jurisdictional terms or in relation to natural justice, on which the adjudicator’s decision..
Online Published Date:  08 November 2010
INJUNCTIONS AND THE RIGHT TO LIGHT
In Hkruk II (CHC) Ltd v Heaney [2010] EWHC 2235 (Ch), [2010] All ER (D) 101 (Sep) Judge Langan QC held that the defendant was entitled to a mandatory injunction requiring the claimant to remove part of a building which interfered with the..
Online Published Date:  08 November 2010
THE SCOPE OF A QUANTITY SURVEYOR’S DUTY
In Dhamija v Sunningdale Joineries Ltd [2010] EWHC 2396 (TCC), [2010] All ER (D) 152 (Oct) Mr Justice Coulson rejected the submission that a term was to be implied into a contract between an employer on a building project and a quantity surveyor..
Online Published Date:  08 November 2010
THE SCOPE OF EQUITABLE SET-OFF
The Court of Appeal in Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667, [2010] BLR 401 reconsidered the authorities which define the scope of equitable set-off. The Court of Appeal held that the crucial question to ask, when..
Online Published Date:  08 November 2010

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