Quartzelec Ltd v Honeywell Control Systems Ltd (Record no. 81196)

MARC details
000 -LEADER
fixed length control field 02238cad a22002415a 4500
001 - CONTROL NUMBER
control field L146600
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090209e20081205xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u146600
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Quartzelec Ltd v Honeywell Control Systems Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWHC 3315 (TCC), 5 December 2008. The case considers whether an adjudicator should examine a defence offered by a party after adjudication proceedings commenced. Honeywell (H) subcontracted with Quartzelec (Q) to carry out works on a construction project. Q eventually sought adjudication against Honeywell for an increased valuation of works due to a changed scope of works and for prolongation costs. Honeywell mentioned for the first time for its defence omissions which it failed to value properly for interim payment, and which would reduce the sums due to Q. Q argued that the adjudicator had no jurisdiction to examine this matter as H did not present a withholding notice. The adjudicator refused to consider the defence, as it was not presented before the start of the adjudication proceedings. H argued that this refusal to consider its defence was a jurisdictional error and a breach of natural justice. The matter came to the court. "Held": Where a dispute involves money, the adjudicator should examine the defence, even if it is presented after the adjudication started. The adjudicator has jurisdiction. There was no need to issue a withholding notice reflecting omissions for the works. The judge refused to enforce the adjudicator's decision.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element QUARTZELEC LTD V HONEYWELL CONTROL SYSTEMS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CANTILLON LTD V URVASCO LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element K N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element AMEC CIVIL ENGINEERING LTD V SOS TRANSPORT
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COLLINS (CONTRACTORS) LTD V BALTIC QUAY MANAGEMENT (1994) LTD
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/2008/3315.html">https://www.bailii.org/ew/cases/EWHC/TCC/2008/3315.html</a>
Public note View the case free of charge at www.bailli.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 09/02/2009   ONLINE PUBLICATION 146600-2001 06/08/2019 1 06/08/2019 Law report