A question of judgment
Akenhead, R
A question of judgment - 2001 - Building 266(8182) 27 April 2001, 54(1) .
Discusses the case of "Bedfordshire CC v Fitzpatrick", which began as a straightfoward construction dispute with each party claiming the other had repudiated a term maintenance contract. The situation escalated when the council, against whom the judgment went, accused Fitzpatrick of obtaining the contract by unlawful means and applied to set aside the judgment on these terms. This application was dismissed. Concludes that attempts to set aside a judgment are difficult to secure, particularly if one alleges fraud.
BEDFORDSHIRE CC V FITZPATRICK CONTRACTORS LTD
FRAUD
CONSTRUCTION DISPUTES
COLLUSION
A question of judgment - 2001 - Building 266(8182) 27 April 2001, 54(1) .
Discusses the case of "Bedfordshire CC v Fitzpatrick", which began as a straightfoward construction dispute with each party claiming the other had repudiated a term maintenance contract. The situation escalated when the council, against whom the judgment went, accused Fitzpatrick of obtaining the contract by unlawful means and applied to set aside the judgment on these terms. This application was dismissed. Concludes that attempts to set aside a judgment are difficult to secure, particularly if one alleges fraud.
BEDFORDSHIRE CC V FITZPATRICK CONTRACTORS LTD
FRAUD
CONSTRUCTION DISPUTES
COLLUSION