M Rohde Construction v Nicholas Markham-David (Record no. 77551)

MARC details
000 -LEADER
fixed length control field 02166cab a2200205 4500
001 - CONTROL NUMBER
control field ##L134528
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060814n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u134528
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title M Rohde Construction v Nicholas Markham-David
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 814 (TCC), 20 March 2006. M engaged R to carry out building works. After disputes arose in relation to quality of work and valuations, R referred its claim to adjudication. M had by then moved house, although he had not changed his business address. Notice of adjudication was served at M's previous home address. During the course of the adjudication, various letters were sent to M, and were all returned undelivered. The adjudicator made an award in R's favour. R commenced proceedings for enforcement; the court documents were served both at M's previous address and the address of his estranged wife. M did not respond, and judgment was given in favour of R. Over three years later, M applied to have judgment set aside, on the basis that he had been unaware of the litigation until two months previously. "Held": the Housing Grants, Construction and Regeneration Act 1996 s115 states that if a document is addressed and sent by post to the addressee's last known principal residence then it shall be treated as effectively served. In this case, there was a serious factual issue as to whether R had had available during the adjudication a ready means of contacting M (at his business address) which it chose neither to use nor to communicate to the adjudicator. A defence was therefore available to M which had a real prospect of success. The default judgment was therefore set aside.
590 ## - LOCAL NOTE (RLIN)
Local note IKA220806
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element M ROHDE CONSTRUCTION V MARKHAM-DAVID
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
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-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2006/814.html">https://www.bailii.org/ew/cases/EWHC/TCC/2006/814.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 134528-1001 06/08/2019 1 06/08/2019 Law report