Pierce Design International Ltd v Johnston and another (Record no. 79224)

MARC details
000 -LEADER
fixed length control field 02177cad a22002295a 4500
001 - CONTROL NUMBER
control field L140192
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070911e20070717xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u140192
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Pierce Design International Ltd v Johnston and another
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWHC 1691 (TCC), 17 July 2007. Considered whether an employer, who has not paid sums due to the contractor, can stop the contractor from enforcing its right to payment by relying on its subsequent determination of the contractor's employment under that contract. Respondents (J) had engaged the applicant contractor (P) to carry out construction works at their property, and the contract incorporated the JCT Standard Form of Building Contract (1998 Edition). J failed to make interim payments to P, P issued proceedings, and J made cross-claims regarding alleged defects and incomplete works. P argued that clause 27.6.5.1 of the JCT contract, which enabled an employer not to pay a sum due despite the absence of a withholding notice, was not in line with the Housing Grants, Construction and Regeneration Act 1996 s111 and that "Melville Dundas Ltd (In Receivership) v George Wimpey UK Ltd" ([2007] UKHL 18, L137943) should be restricted to its facts. "Held": "Melville" applied and the first basis for P's application failed. However, the non-payment by J amounted to a breach of the JCT contract, and the clause stopped J from relying on their cross-claim to defeat P's claim for the sums due. On this basis P was entitled to summary judgment.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PIERCE DESIGN INTERNATIONAL LTD V JOHNSTON AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MELVILLE DUNDAS LIMITED (IN RECEIVERSHIP) V GEORGE WIMPEY UK LIMITED AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S111
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 BUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2007/1691.html">https://www.bailii.org/ew/cases/EWHC/TCC/2007/1691.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 11/09/2007   ONLINE PUBLICATION 140192-2001 06/08/2019 1 06/08/2019 Law report