Treasure and Son Ltd v Martin Dawes (Record no. 79653)
[ view plain ]
| 000 -LEADER | |
|---|---|
| fixed length control field | 02176cad a22002175a 4500 |
| 001 - CONTROL NUMBER | |
| control field | L141909 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 080114e20071025xxk f v 000 0 eng d |
| 035 ## - SYSTEM CONTROL NUMBER | |
| System control number | (Sirsi) u141909 |
| 041 0# - LANGUAGE CODE | |
| Language code of text/sound track or separate title | eng |
| 245 00 - TITLE STATEMENT | |
| Title | Treasure and Son Ltd v Martin Dawes |
| Medium | [electronic resource] |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2007 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | [2007] EWHC 2420 (TCC), 25 October 2007. Considers whether an adjudicator had jurisdiction to hear a dispute arising from an oral variation of the written construction contract and whether the adjudicator's decision had to be signed to be valid. Respondent (D) had engaged applicant (T) to carry out refurbishment and restoration work at his residence pursuant to a contract that incorporated the JCT Standard Form of Prime Cost Contract (1998 Edition with Amendments 1 and 2). A dispute arose as to the non-payment of monies and T referred the dispute to adjudication. The adjudicator held by an unsigned decision that D was liable to pay T approximately £1 000 000. Issues arose as to whether (i) there was an oral variation of the written construction contract that meant that the adjudicator had no jurisdiction; and (ii) the lack of signature on the adjudicator's decision meant it was unenforceable. T applied for summary judgment to enforce the adjudicator's decision. "Held": application granted. The adjudication process was not undermined by the fact that the terms of the original contract that contained the adjudication clause were orally varied. In addition, the contract simply called for the adjudicator to reach a decision and send it to the parties; there was no obligation for him to sign it. |
| 590 ## - LOCAL NOTE (RLIN) | |
| Local note | KA |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | JCT STANDARD FORM OF PRIME COST CONTRACT (1998 EDITION) |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | TREASURE AND SON LTD V MARTIN DAWES |
| 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 |
| 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/2007/2420.html">https://www.bailii.org/ew/cases/EWHC/TCC/2007/2420.html</a> |
| Public note | View the judgment free of charge at www.bailii.org... |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Suppress in OPAC | 0 |
| 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 | 14/01/2008 | ONLINE PUBLICATION | 141909-2001 | 06/08/2019 | 1 | 06/08/2019 | Law report |