000			02479cab a2200277 4500
001			L130706
008			050825n2005 000 0 eng u
035			_a(Sirsi) u130706
041	0		_aeng
245	0	0	_aBryen and Langley Limited v Martin Boston
260			_c2005
520			_a[2005] EWCA Civ 973, 29 July 2005. Considers if the adjudication provisions of a standard form of contract are incorporated within an agreement where a letter has been sent stating an intention to use that a standard form but the contract has not been signed. B and L appealed an earlier ruling ([2004] EWHC 2450 (TCC), Abs68430) on the grounds that B's invitation to tender spelt out in specific terms the provisions of a contract in the standard form, which left only the price and contract period to be agreed. By the date of the letter all the terms had been agreed. B and L also argued that costs should have been referred to a detailed assessment. B resisted the appeal and claimed that the adjudication provisions of the standard form were unfair terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999. "Held": appeal allowed as the commercial reality was that the parties had agreed all the terms, including the terms of the standard form, and that when B and L started work they were doing so on those terms; B had no recourse under the Regulations as he had asked B and L as he had asked B and L to tender under those terms; costs had been awarded to B on an indemnity basis rather than following consideration of issues raised by B and L.
590			_aIKA300805
650	2	4	_aBRYEN AND LANGLEY LTD V BOSTON
650	2	4	_aUNFAIR TERMS IN CONSUMER CONTRACT REGULATIONS 1999
650	2	4	_aHARVEY SHOPFITTERS LTD V ADI LTD
650	2	4	_aSTENT FOUNDATIONS LTD V CARILLION CONSTRUCTION (CONTRACTS) LTD (FORMERLY TARMAC CONSTRUCTION (CONTRACTS) LTD
650	2	4	_aVON HATZFELDT-WILDENBURG V ALEXANDER
650	2	4	_aPEGRAM SHOPFITTERS LIMITED V TALLY WEIJL (UK) LIMITED
650	2	4	_aPICARDI V CUNIBERTI AND ANOTHER
650	2	4	_aDIRECTOR GENERAL OF FAIR TRADING V FIRST NATIONAL BANK PLC
650	2	4	_aLOWNDS V HOME OFFICE
690			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS-ADJUDICATORS' JURISDICTION
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/973.html _zView the item free of charge at www.bailii.org...
942			_n0
999			_c75781 _d75781