Steve Domsalla (trading as Domsalla Building Services) v Kenneth Dyason (Record no. 79043)

MARC details
000 -LEADER
fixed length control field 02014cad a22002175a 4500
001 - CONTROL NUMBER
control field L139316
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070725e20070504xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u139316
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Steve Domsalla (trading as Domsalla Building Services) v Kenneth Dyason
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWHC 1174 (TCC), 4 May 2007. Considered whether the application of the Unfair Terms in Consumer Contracts Regulations 1999 made the withholding notice provisions of the JCT Minor Building Works form of contract unenforceable. A JCT Minor Building Works form of contract was signed by the applicant building contractor (S) and the respondent (D) who was a residential occupier under the Housing Grants, Construction and Regeneration Act 1996 s106(1). Disputes over the non-completion of the work on D's property arose and S referred disputes arising from non-payment to adjudication. D contended that the adjudicator lacked jurisdiction because the adjudication and withholding notice clauses in the contract were unenforceable due to the application of the Unfair Terms in Consumer Contracts Regulations 1999. However, a decision was made in S's favour by the adjudicator and S applied for summary judgment to enforce the award. "Held": application refused. In the circumstances the adjudicator was wrong in deciding that the withholding provisions of the contract were binding on D.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DOMSALLA BUILDING SERVICES V DYASON
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JCT AGREEMENT FOR MINOR BUILDING WORKS (1998 EDITION)
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
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/2007/1174.html">https://www.bailii.org/ew/cases/EWHC/TCC/2007/1174.html</a>
Public note View the judgment 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 25/07/2007   ONLINE PUBLICATION 139316-2001 06/08/2019 1 06/08/2019 Law report