Amec Civil Engineering Ltd v SoS Transport (Record no. 75571)

MARC details
000 -LEADER
fixed length control field 02198cab a2200205 4500
001 - CONTROL NUMBER
control field L130347
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050718n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130347
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Amec Civil Engineering Ltd v SoS Transport
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2005] 1 wLR 2339-2364(25)
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 291,17 March 2005. Discusses a dispute regarding an arbitrator's ruling under clause 66 of the ICE conditions of contract. Amec (A) had appealed against a decision upholding an arbitrator's ruling that the respondent secretary of state (S) had given a valid notice of arbitration under the contract which the parties had entered into. A had been engaged by the secretary of state to carry out major renovation works to a viaduct under ICE conditions of contract but 6 months before the six year limitation period expired, structural deficiencies in the viaduct became apparent. The faults were found to be due to defective roller bearing designed by A and adopted by the engineers under the contract, Pell Frischmann (P). P decided that A had supplied roller bearings not in accordance with the contract and consequently S took A to arbitration. A argued that no dispute had existed that was capable of being referred to P under clause 66, so that there was no valid engineer's decision and nothing capable of being referred to arbitration and that P's decision was unfair. "Held": clause 66 referred to a dispute or difference and could not be construed rigidly in law, therefore allowing S to start timely arbitration proceedings. With regards to fairness, an engineer, giving a decision under clause 66, had to act independently and honestly but he did not have to comply with the rules of natural justice.
590 ## - LOCAL NOTE (RLIN)
Local note IKA190705
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element AMEC CIVIL ENGINEERING LTD V SOS TRANSPORT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COLLINS (CONTRACTORS) LTD V BALTIC QUAY MANAGEMENT (1994) LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/291.html&query=amec+transport&method=all">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/291.html&query=amec+transport&method=all</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     London London Journal article 18/07/2005   L130347 130347-1001 06/08/2019 1 06/08/2019 Journal article