Protech Projects Construction (Pty) Ltd v Al-Kharafi and Sons (Record no. 77112)

MARC details
000 -LEADER
fixed length control field 02185cab a2200181 4500
001 - CONTROL NUMBER
control field ##L133608
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060522n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133608
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Protech Projects Construction (Pty) Ltd v Al-Kharafi and Sons
Remainder of title Al-Kharafi and Sons v Big Dig Construction (Pty) Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 2165 (Comm), 14 October 2005. K engaged P to carry out construction works under a sub-contract. Following termination of the sub-contract, an arbitrator made awards of damages and costs in P's favour. During arbitration, P had failed to disclose a deed of cession ceding the proceeds of its claim to a creditor; it had also entered into conditional fee agreements in respect of its legal costs that had not specified the proportion of success fee relating to the costs of postponement of fee recovery. It had also entered into a creditor's voluntary liquidation prior to the making of the costs award. K argued that the failure to disclose the deed of cession was a serious irregularity which had caused substantive injustice, and also that when making the costs award, the arbitrator had failed to consider the enforceability of the conditional fee agreements, so that K had had to pay costs which P had not paid. "Held" there was nothing unconscionable or inherently wrong about the cessions into which P had entered, and the non-disclosure had been inadvertent. There was no evidence that it had prejudiced K. Similarly, there was no substantial injustice in K having to meet an award of costs that excised any mark-up or success fee from the costs claimed, and it was reasonable to argue that the conditional fee agreements were not unenforceable. K's application to set aside the arbitration awards was refused.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PROTECH PROJECTS CONSTRUCTION (PTY) LTD V AL-KHARAFI AND SONS
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2005/2165.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2005/2165.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 23/05/2006   ONLINE PUBLICATION 133608-1001 06/08/2019 1 06/08/2019 Law report