McGlinn v Waltham Contractors Ltd and others (Record no. 75573)

MARC details
000 -LEADER
fixed length control field 01812cab a2200229 4500
001 - CONTROL NUMBER
control field L130352
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050719n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130352
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title McGlinn v Waltham Contractors Ltd and others
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 1419 (TCC), 24 June 2005. Regarding a pre-action protocol for construction and engineering disputes over a claim for costs. The contractors (W) sought an interim payment for costs which had been thrown away at the pre-action stage considering and responding to M's claims The claims involved allegations of defective work which was so extensive that the property had to be demolished. W argued that, for the purposes of the Supreme Court Act 1981 s51, costs incurred by a party in complying with any pre-action protocol was capable of being costs incidental to any proceedings which were subsequently commenced. "Held": costs incurred by W at the pre-action protocol stage in successfully persuading a claimant to abandon a claim could not be considered as costs incidental to any subsequent proceedings, save in exceptional circumstances which gave rise to some sort of unreasonable conduct. Accordingly such costs were not recoverable under the Supreme Court Act 1981 s51.
590 ## - LOCAL NOTE (RLIN)
Local note IKA020805
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MCGLINN V WALTHAM CONTRACTORS AND OTHERS
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 PRE-ACTION PROTOCOL FOR THE CONSTRUCTION AND ENGINEERING DISPUTES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CALLERY V GRAY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RE GIBSON'S SETTLEMENT TRUSTS
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/EWHC/TCC/2005/1419.html&query=McGLINN&method=all">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1419.html&query=McGLINN&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
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    Dewey Decimal Classification     Virtual Virtual Online 19/07/2005   L130352 130352-2001 06/08/2019 1 06/08/2019 Law report