Kershaw Mechanical Services Limited v Kendrick Construction Limited (Record no. 77550)

MARC details
000 -LEADER
fixed length control field 02000cab a2200205 4500
001 - CONTROL NUMBER
control field ##L134524
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060814n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u134524
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Kershaw Mechanical Services Limited v Kendrick Construction Limited
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 727 (TCC) 2 March 2006. Appeal by KM against an award pursuant to the Arbitration Act 1996 s69. KM had been employed by D to supply and install mechanical services in a new building, the subcontract being supplemented by correspondence between KM and D. The correspondence included a qualification of the contract providing that subcontract costings would be adjusted if final design information submitted to KM differed from that originally supplied. The matter went to arbitration, following a disagreement over the sums payable to KM on its final account, KM arguing that the arbitrator had erred in his interpretation of the qualification. "Held": the principal document to be considered in an appeal under s69 was the arbitral award; however, the court also had to consider any document referred to in the award. The court had to read the award as a whole in a fair and reasonable way. Deference had to be given to the arbitrator's decisions on questions of law, based on his experience, and they could only be reversed if it was clear that he had come to the wrong answer. In the present case, the arbitrator had construed the qualification correctly and had not made an error of law. Appeal was therefore dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note IKA220806
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KERSHAW MECHANICAL SERVICES LTD V KENDRICK CONSTRUCTION LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996 S69
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-ARBITRATION AWARDS
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2006/727.html">https://www.bailii.org/ew/cases/EWHC/TCC/2006/727.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 14/08/2006   ONLINE PUBLICATION 134524-1001 06/08/2019 1 06/08/2019 Law report