000 01844cad a22002175a 4500
001 L137943
008 070509e20070425xxk f w 000 0 eng d
035 _a(Sirsi) u137943
041 0 _aeng
245 0 0 _aMelville Dundas Ltd (in receivership) and others v George Wimpey UK Ltd and others
_h[electronic resource]
260 _c2007
520 _a[2007] UKHL 18, 25 April 2007. Concerned a dispute over liability to make an interim payment under a building contract and called into question the Housing Grants, Construction and Regeneration Act 1996 s111. Appellant (W) appealed against a decision ([2005] ScotCS CSIH 18, L132696) that it had to make an interim payment to the respondent (M) under the terms of a contract between the parties. W argued that clause 27 of the contract prevented payment being made to an insolvent contractor. A key issue to decide was whether the effect of clause 27 was invalidated by provisions of the Housing Grants, Construction and Regeneration Act 1996 and whether W was entitled to withhold the interim payment even though it had failed to serve a notice of its intention to do so in accordance with the 1996 Act s111. "Held": appeal allowed by a majority of 3:2. The 1996 Act s111 had to be construed in a way that was compatible with the operation of clause 27.
590 _aKA NTK
650 2 4 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S111
650 2 4 _aMELVILLE DUNDAS LTD AND OTHERS V GEORGE WIMPEY UK LTD AND OTHERS
651 4 _aUnited Kingdom
_y
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 4 0 _uhttps://www.bailii.org/uk/cases/UKHL/2007/18.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c78747
_d78747