All articles by Charlene Linneman
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好色先生TVStephanie Baker vs Quantum Clothing Group: Noise-induced hearing loss
An worker in a knitting factory won an appeal against her employee for not sufficiently looking after her health
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好色先生TVSelf-employment: Providing a personal service
Our expert from Fenwick Elliott discusses the case of MPG vs England, about whether you are obliged under a contract to perform the services yourself
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好色先生TVAlways check the paperwork: Keith Lamming vs Revenue & Customs
Our Fenwick Elliott experts run through the case of Keith Lamming vs Revenue & Customs Commissioners
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好色先生TVWorking at height
Our legal expert discusses a dispute over the Health and Safety at Work Act
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好色先生TVAmec vs Universal Steels: Withholding documents as bargaining tool
Fenwick Elliott discusses a case in which Amec tried to obtain an injuction to make Universal deliver quality assurance document
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好色先生TVFurmans Electrical Contractors vs Elecref: working hours
Fenwick Elliott discusses a dispute over reasonable payment for hours of work
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Comment
Adjudicator's jurisdiction
The CaseEuro Construction Scaffolding (鈥淓uro鈥�) was engaged by SSLB Construction Limited (鈥淪SLB鈥�) to provide scaffolding in relation to a swimming pool. Euro had provided a written quotation for scaffolding in December 2007. The parties disagreed as to what occurred next: SLLB asserted that it called Euro to confirm that it ...
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CommentEnforcing a summary judgement
The CaseJackson engaged VGC to provide various construction services relating to the provision of ducts and cabling on the M3 Motorway. The sub-contract overran by 26 weeks. Following the submission of applications for payment 13 and 14, and the imposition of various set-offs by Jackson, VGC commenced adjudication. The referral ...
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CommentDangerous defects
The CaseBirmingham Development Company (鈥淏irmingham鈥�) was a property developer. Birmingham developed a site next to land owned by Michael Jacob Tyler (鈥淭yler鈥�). Tyler had a factory on his land. During the development demolition of the gable wall of the building on Birmingham's site exposed part of the flank wall of ...
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CommentLock-up agreements
The CaseThis was a case involving the Middlesborough Dock, now renamed Middlehaven. Chilli Developments Ltd (鈥淐hilli鈥�) expressed an interest in undertaking a development on the land. There were negotiations with English Partnerships (鈥淓nglish鈥�) and Tees Valley Regeneration Ltd (鈥淭ees鈥�) for a development agreement to enable Chilli to build on part ...
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CommentNon payment of fees
The CaseThis was an appeal from a County Court judgment dismissing Alan Auld Associates Ltd (鈥淎lan Auld鈥�)鈥檚 claim and giving judgment for Rick Pollard Associates (鈥淩ick Pollard鈥�) on its counterclaim.Both Alan Auld and Rick Pollard were chartered engineers. Alan Auld successfully tendered to provide project advice to the United Kingdom ...
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Comment
Expert determination: Owen Pell v Bindi (London)
Owen Pell Limited (鈥淥wen Pell鈥�) entered into a contract with Bindi (London) Limited (鈥淏indi鈥�) for Owen Pell to build an extension and undertake M&E work at Bindi鈥檚 property at Holme Lacy. Owen Pell left site before work was complete. The parties later agreed to have their dispute determined ...
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Comment
Setting off LADs: Avoncroft Construction Ltd vs Sharba Homes (CN) Ltd
This was an application to enforce an adjudicator鈥檚 decision awarding Avoncroft Construction Ltd (鈥淎voncroft鈥�) 拢56,380. Avoncroft applied for summary judgment. Sharba Homes (CN) Ltd (鈥淪harba鈥�) resisted this application on the basis that it was entitled to set off LADs. Alternatively, Sharba sought a stay of execution, or ...
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Comment
House of Lords decision: Reinwood Ltd v L Brown & Sons Ltd
This was an appeal to the House of Lords by a contractor, L Brown & Sons (鈥淏rown鈥�) against a Court of Appeal decision which had held that Brown had not been entitled to determine a contract (JCT Standard Form 1998 edition) between it and the respondent employer, Reinwood Limited (鈥淩einwood鈥�), ...
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Comment
Exclusion clause: Regus (UK) Ltd vs Epcot Solution Ltd
This was an appeal from a decision that an exception clause in its standard terms was unreasonable and unenforceable under the Unfair Contract Terms Act 1977 (鈥淯CTA鈥�). The judge鈥檚 decision was reported in a previous briefing.Regus (UK) Limited (鈥淩egus鈥�) supplies serviced office accommodation. Epcot Solutions Ltd (鈥淓pcot鈥�) provides professional ...
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Comment
Termination of a contract: M&J Polymers Ltd vs Imerys Minerals Ltd
M&J Polymers Ltd and Imerys Minerals Ltd entered into a contract for M&J to supply dispersants, which are chemicals used in the breakdown of clay and other materials, to Imerys. M&J began supplying dispersants in 1991. A new supply contract was entered into in January 2005 for the ...
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Comment
Claim to enforce an adjudication: Cantillon Ltd vs Urvasco Ltd
This was a claim to enforce an adjudication decision. The decision allowed Cantillon Ltd 拢391,565.50 plus VAT and one fifth of this decision related to Cantillon鈥檚 claim for 13 weeks extension of time. Cantillon had submitted two extension of time claims to adjudication, one for 16 weeks and one ...
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Comment
Statutory demand for payment: Moorside Investments vs DAG Construction
This was an application by Moorside Investments Ltd (鈥淢oorside鈥�) to restrain the presentation of a winding up petition based on a statutory demand by DAG Construction Ltd (鈥淒AG鈥�). The dispute arose out of a construction contract that was partly oral and partly in writing. The contract was partly made on ...
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Comment
Neil Martin Ltd vs Revenue & Customs Commissioners
This was an appeal from a decision that the commissioners for Her Majesty鈥檚 Revenue and Customs (HMRC) could not be liable for breach of statutory duty or for breach of a common law duty of care in failing to process an application for a subcontractor鈥檚 tax certificate within a reasonable ...
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Comment
Cundall Johnson & Partners LLP vs Whipps Cross University Hospital NHS Trust
This was an application for a stay of proceedings on the grounds of non compliance with the Pre-action Protocol for Construction and Engineering Disputes. Cundall Johnson & Partners LLP (鈥淐undall鈥�) were a firm of consulting engineers. Whipps Cross University Hospital NHS Trust (鈥淲hipps鈥�) was an NHS Trust responsible ...