Abbey Healthcare v Augusta 2008 LLP (formerly Simply Construct) (Record no. 121967)

MARC details
000 -LEADER
fixed length control field 02078naa a22002057a 4500
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 240509e20240709xxk|||||o||||o00| 0 eng d
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Abbey Healthcare v Augusta 2008 LLP (formerly Simply Construct)
Subtitle [2024] UKSC 23
260 ## - PUBLICATION INFORMATION
Publisher The Supreme Court,
Date 9 July 2024
520 ## - ABSTRACT
Abstract Looks at the circumstances in which a collateral warranty amounts to a construction contract under S.104 of the Housing Grants (Construction & Regeneration) Act 1996, asking what is the meaning of an agreement “for… the carrying out of construction operations”. The majority of the Court of Appeal concluded that the Abbey Collateral Warranty was a construction contract. The Supreme Court looked at a more principled and workable approach was to draw the dividing line between collateral warranties which merely replicate undertakings in the building contract and those which give rise to separate or distinct undertakings for the carrying out of construction operations. This approach means that the Abbey Collateral Warranty is not a construction contract. <br/><br/>This conclusion means that the decision of Akenhead J in Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC), upon which the majority of the Court of Appeal placed considerable reliance and rightly held to be indistinguishable, was wrongly decided and must be overruled.<br/><br/>Whilst 'most collateral warranties will not be construction contracts' and hence will be without the right to adjudicate, an express right to adjudicate can always be included in the warranty if required.<br/>
520 ## - ABSTRACT
Abstract Judges: Lord Briggs, Lord Hamblen, Lady Rose, Lord Richards, Lady Simler
520 ## - ABSTRACT
Abstract Judgment appealed [2022] EWCA Civ 823
650 ## - KEYWORDS
Keywords ABBEY HEALTHCARE v SIMPLY CONSTRUCT
650 ## - KEYWORDS
Keywords COLLATERAL WARRANTIES
650 ## - KEYWORDS
Keywords CONSTRUCTION CONTRACTS
650 ## - KEYWORDS
Keywords PARKWOOD LEISURE V LAING O'ROURKE
651 ## - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name United Kingdom
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Contracts
9 (RLIN) 6232
856 ## - ONLINE RESOURCE
Uniform Resource Identifier https://www.supremecourt.uk/cases/uksc-2022-0124.html
Public note Judgement available on the Supreme Court website
Holdings
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      ONLINE_JUDGMENT   Virtual Virtual Online 09/07/2024   ONLINE JUDGMENT 09/07/2024 09/07/2024 Law report