Ritchie Brothers (PWC) Ltd v David Philip (Commercials) Ltd (Record no. 117441)

MARC details
000 -LEADER
fixed length control field 02202cam a2200265 4500
001 - CONTROL NUMBER
control field ABS67829
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040602n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u126370
245 ## - TITLE STATEMENT
Title Ritchie Brothers (PWC) Ltd v David Philip (Commercials) Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Construction Industry Law Letter
Volume/sequential designation [2004] CILL 2113-2116(4)
520 ## - SUMMARY, ETC.
Summary, etc. CA162/03, 14 Apr /2004. The pursuer R entered into a construction contract with the defender P, which ended in a dispute arising. An adjudicator was appointed under the procedures set out in the Scheme for Construction Contracts (Scotland) Regulations 1998. The adjudicator was required to reach his decision no later than 28 days after the date of the referral notice, unless the referring party consented to a longer period of 42 days. The undated referral notice was posted on 18 September 2003 by special delivery, but delivery was unsuccessful and the adjudicator did not collect the notice until 23 September. He finally delivered his decision on 27 October. P maintained that the decision was "ultra vires" because the period for giving it had expired on 16 October and that the adjudicator's jurisdiction had ceased five days prior to a request for more time, made on 21 October. The adjudicator maintained the relevant decision date was 27 October, the date of its delivery in writing. R argued the appropriate date was 23 September, when the referral notice had been received and that the referring party had consented to the extended period of 42 days. A decree "de plano" was granted to R. View judgment at www.scotscourt.gov.uk.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RITCHIE BROTHERS (PWC) LTD V DAVID PHILIP (COMMERCIALS) LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCOTLAND
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ULTRA VIRES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCHEME FOR CONSTRUCTION CONTRACTS (SCOTLAND) REGULATIONS 1998
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ADJUDICATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONSTRUCTION CONTRACTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element DISPUTE RESOLUTION-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.scotcourts.gov.uk/opinions/cos-blu.gif">https://www.scotcourts.gov.uk/opinions/cos-blu.gif</a>
Public note View judgment on the Scottish Courts website...
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.scotcourts.gov.uk/opinions/cos-blu.gif">https://www.scotcourts.gov.uk/opinions/cos-blu.gif</a>
Public note View judgment on the Scottish Courts website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     London London Journal article 02/06/2004   ABS67829 126370-1001 06/08/2019 1 06/08/2019 Law report