Kier Regional Ltd v City and General (Holborn) Ltd (Record no. 76983)

MARC details
000 -LEADER
fixed length control field 02001cab a2200181 4500
001 - CONTROL NUMBER
control field ##L133402
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060505n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133402
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Kier Regional Ltd v City and General (Holborn) Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 848 (TCC) 6 March 2006. K was engaged by C to carry out refurbishment and rebuilding works under a contract which provided for the appointment of an adjudicator under the Housing Grants, Construction and Regeneration Act 1996, s108. A number of references to adjudication were made, in one of which C sought to rely on expert evidence to resist a claim for loss and expenditure. The adjudicator disregarded the evidence on the grounds that it was new evidence which was not known to the parties when the dispute crystallised, and made an award in K's favour. C refused to pay, contending that by wrongfully refusing to consider its expert evidence, the adjudicator had committed a clear breach of natural justice. K brought proceedings to enforce the award. "Held" the decision by the adjudicator to disregard the evidence could not render his decision unenforceable. If an adjudicator refused to consider evidence which, on his analysis of the facts or law, was irrelevant, it was neither a breach of the rules of natural justice nor a failure to consider relevant material. If the adjudicators analysis was erroneous, it might follow that he ought to have considered the evidence; the possibility of this type of error, however, was inherent in the adjudication system, and was not a ground for refusing to enforce the adjudicator's decision.
520 ## - SUMMARY, ETC.
Summary, etc. See L145869
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KIER REGIONAL LTD (T/A WALLIS) V CITY AND GENERAL (HOLBORN) LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2006/848.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2006/848.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 05/05/2006   ONLINE PUBLICATION 133402-1001 06/08/2019 1 06/08/2019 Law report