Carillion Construction Ltd v Devonport Royal Dockyard Ltd (Record no. 104838)

MARC details
000 -LEADER
fixed length control field 02848cam a2200205 4500
001 - CONTROL NUMBER
control field ##L131780
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051207n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131780
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Carillion Construction Ltd v Devonport Royal Dockyard Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 1358, 16 November 2005. D sought permission to appeal against a decision ([2005] EWHC 778 (TTC), L129765) giving summary judgment for C enforcing an adjudicator's decision, on the grounds that the decision had been outside his jurisdiction, was reached against the rules of natural justice and without adequate reasons being given, and that he had no jurisdiction to award interest on the sum he found to be due. "Held":Permission to appeal was rejected on all grounds other than that of interest. The Housing Grants, Construction and Regeneration Act 1996 and Scheme for Construction Contracts (England and Wales) Regulations 1998 Schedule 1required the courts to enforce an adjudicator's decision unless it was clear that he had not decided the question referred to him, or that he had gone about his task in a manifestly unfair manner. The Scheme was not designed to find definitive answers to complex questions, and the need to find a right answer was subordinate to the need for quickness. An unsuccessful party could take legal or arbitration proceedings, if necessary, to establish the correct position. Challenging the adjudicator's decision on the grounds that he had exceeded his jurisdiction or breached the rules of natural justice was likely to lead to a waste of time and expense. If an adjudicator refused to consider evidence that he deemed irrelevant, that was neither a breach of the rules of natural justice nor a failure to consider relevant material. An adjudicator did not have a freestanding power to award interest under the Scheme. He could decide questions of interest only they were matters in dispute that had been properly referred to him, or if the parties had agreed they were to be within the scope of the adjudication, or were matters which the adjudicator considered to be connected with the dispute. In this case, the parties had agreed that interest payable on outstanding moneys was to be within the scope of the adjudication. The appeal was dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note IKA030106
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCHEME FOR CONSTRUCTION CONTRACTS (ENGLAND AND WALES) REGULATIONS 1998
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 48 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2005/1358.html">https://www.bailii.org/ew/cases/EWCA/Civ/2005/1358.html</a>
Public note View the item free of charge at www.bailii.org
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     Virtual Virtual Online 07/12/2005   ONLINE PUBLICATION 131780-1001 06/08/2019 1 06/08/2019 Law report