| 000 | 02185cab a2200181 4500 | ||
|---|---|---|---|
| 001 | ##L133608 | ||
| 008 | 060522n2005 000 0 eng u | ||
| 035 | _a(Sirsi) u133608 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 |
_aProtech Projects Construction (Pty) Ltd v Al-Kharafi and Sons _bAl-Kharafi and Sons v Big Dig Construction (Pty) Ltd |
| 260 | _c2005 | ||
| 520 | _a[2005] EWHC 2165 (Comm), 14 October 2005. K engaged P to carry out construction works under a sub-contract. Following termination of the sub-contract, an arbitrator made awards of damages and costs in P's favour. During arbitration, P had failed to disclose a deed of cession ceding the proceeds of its claim to a creditor; it had also entered into conditional fee agreements in respect of its legal costs that had not specified the proportion of success fee relating to the costs of postponement of fee recovery. It had also entered into a creditor's voluntary liquidation prior to the making of the costs award. K argued that the failure to disclose the deed of cession was a serious irregularity which had caused substantive injustice, and also that when making the costs award, the arbitrator had failed to consider the enforceability of the conditional fee agreements, so that K had had to pay costs which P had not paid. "Held" there was nothing unconscionable or inherently wrong about the cessions into which P had entered, and the non-disclosure had been inadvertent. There was no evidence that it had prejudiced K. Similarly, there was no substantial injustice in K having to meet an award of costs that excised any mark-up or success fee from the costs claimed, and it was reasonable to argue that the conditional fee agreements were not unenforceable. K's application to set aside the arbitration awards was refused. | ||
| 650 | 2 | 4 | _aPROTECH PROJECTS CONSTRUCTION (PTY) LTD V AL-KHARAFI AND SONS |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION | ||
| 856 | 4 | 1 |
_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2005/2165.html _zView the item free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c77112 _d77112 |
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