000 01820cab a2200181 4500
001 ##L134233
008 060718n2006 000 0 eng u
035 _a(Sirsi) u134233
041 0 _aeng
245 0 0 _aYorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd (1) Biwater Treatment Ltd (2) Elga Ltd (3)
260 _c2006
520 _a[2005] EWCA Civ 894, 19 July 2005. Y retained T under a design and build contract to carry out works of improvement to a sewage treatment works. The contract provided for performance tests to be carried out and passed within one year of the takeover certificate, but these were never performed. Y argued that the plant was defective, employed others to carry out remedial works, and issued proceedings to recover the costs. Y's claim was dismissed on grounds of both fact and law. Y sought leave to appeal. "Held": the burden on a prospective appellant wishing to appeal against findings of fact was hard to discharge. In this case, most of the evidence had been given by experts, and the judge had been able to put together all the pieces of a highly complicated issue. His factual decisions had in fact been of the highest quality. Those grounds of appeal based on errors of law were embedded in findings of fact, and did not justify permission to appeal. Y had not begun to measure up to the exacting requirements for permission to appeal, and the application was refused.
650 2 4 _aYORKSHIRE WATER SERVICES V TAYLOR WOODROW CONSTRUCTION NORTHERN AND OTHERS
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-CASE MANAGEMENT
856 4 1 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/894.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c77417
_d77417