Floods of Queensferry Ltd and Others v Shand Construction Ltd and Others (Record no. 101795)

MARC details
000 -LEADER
fixed length control field 02304cam a2200241 4500
001 - CONTROL NUMBER
control field ABS64748
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 000000n2001 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u115863
245 ## - TITLE STATEMENT
Title Floods of Queensferry Ltd and Others v Shand Construction Ltd and Others
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2001
490 ## - SERIES STATEMENT
Series statement Building Law Reports
Volume/sequential designation [2001] 9 BLR 446-478(33)
520 ## - SUMMARY, ETC.
Summary, etc. TCC 15 June 2001. SCL brought a claim against DF under the Supreme Court Act 1981 s51 on the basis that it had been faced with an inflated claim, and sought a costs order against WF alleging that it had funded the action, the expenses and fees for which remained largely unpaid. SCL also claimed that as they were the 'named opponent' for the purposes of an insurance policy under RSC Order 49, incorporated as CPR s49 by Sch 1, for legal FOQ were entitled to payment in respect of 'insured expenses' and which FOQ were in turn obliged to pass on. "Held" the insurance funds were released to SCL on the grounds that: The proceedings were funded on credit by WF, in the sincere but unreasonable belief that recovery would exceed the amount paid into the court by SCL, and not DF; the continuance of the action after the provision of security was imprudent but not improper; there was nothing in the case to make DF's conduct exceptional or to justify an order being made against him under s51; the court had no jurisdiction to make an order under s51(1) and s51(3) against legal representative acting in that capacity; it could not be shown that WF was the driving force behind the litigation not FOQ and DF; there was no effective assignment of the policy proceeds to WF and it would be wrong to consider WF more deserving than SCL. Full copy of the judgement available at http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/A281DF48F618525680256A93005B2A2D?OpenDocument
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COSTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIVIL PROCEDURE RULES PART 49
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FLOODS OF QUEENSFERRY LTD AND OTHERS V SHAND CONSTRUCTION LTD AND OTHERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEGAL EXPENSES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RSC ORDER 18
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SUPREME COURT ACT 1981 S51
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WASTED COSTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILDING AND CONSTRUCTION-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://porch.ccta.gov.uk/courtser/judgements.nsf/Search/A281DF48F618525680256A93005B2A2D?OpenDocument">https://porch.ccta.gov.uk/courtser/judgements.nsf/Search/A281DF48F618525680256A93005B2A2D?OpenDocument</a>
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 05/12/2001   ABS64748 115863-1001 06/08/2019 1 06/08/2019 Law report