| 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 |
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