Construction Case Law Update – Part 1 of 2019

March 12, 2019, By

The Enforcement of Adjudicators’ Awards under the Housing Grants, Construction and Regeneration Act 1996: Part 1 of 2019
Kenneth T. Salmon and Katy Ormston

This article forms Part 1 for 2019 of the series of articles continuing the reporting and review of cases on the enforcement of adjudicators’ awards begun in the Journal of the Chartered Institute of Arbitrators.

107772.001 SH Construction Case Booklet

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This Part 1 reports on the following developments and cases:

Amey LG Ltd v Amey Birmingham Highways Ltd [2019] EWHC 234 (TCC)
Abuse of Process

Barry M Cosmetics Ltd v Merit Holdings Ltd [2019] EWHC 136 (TCC)
Dispute – whether crystallised

BM Services Inc Ltd v Greyline Builders Ltd [2018] EWHC 3884 (TCC)
Enforcement – Fraud

Michael J Lonsdale (Electrical) Ltd v Bresco [2019] EWCA Civ 27
Electrical Services Ltd and Primus Build Ltd v Cannon Corporate Ltd
Insolvency – Effect on Enforcement

Skymist Holdings Ltd v Grandlane Developments Ltd  [2018] EWHC 3504 (TCC)
Jurisdiction

Synergy Gas Services Ltd v Northern Gas Heating Ltd [2018] EWHC 3060 (TCC)
Natural Justice – Construction of Contract Term

Fern & another v West and others (Haven Build) [2019] EWHC 141 (TCC)
Parties – Correct name – Jurisdiction

Gosvenor London Ltd v Aygun Aluminum UK Ltd [2018] EWCA Civ 2695
Stay of Execution – Dissipation of Assets

Ove Arup & Partners International Ltd v Coleman Bennett International Consultancy PLC [2019] EWHC 413 (TCC)
Waiver – challenge and reservation