000 02625cab a22003375 4500
001 L145869
008 081117e20081017xxk f v 000 0 eng u
035 _a(Sirsi) u145869
041 0 _aeng
245 0 0 _aKier Regional Ltd (t/a Wallis) v City and General (Holborn) Ltd and 1: Cambridge Gate Properties Ltd, 2: Temple Guiting Manor Limited (2)
_h[electronic resource]
260 _c2008
520 _a[2008] EWHC 2454 (TCC), 10 October 2008. The case discusses the conditions for interim third party debt orders to be made final. City and General (Holborn) (H) entered into a joint venture with Cambridge Gate Properties Limited and Temple Guiting Manor Limited (C), to buy a property. H contracted with Kier (K) to carry out development on the property. Problems followed. K obtained an adjudicator's award against H for delay-related losses and expenses. K obtained summary judgment to enforce the award but H did not pay it. K made an application to finalise interim third party debt orders against C. K thereby tried to enforce a judgment against H. H on his side made an application for a stay of execution of the judgment given against them in March 2006. "Held": The sums were not debts, but contingent liabilities. No profit or loss could be ascertained until determination of the development costs. No final party debt order could be made. K would be prevented from using other enforcement proceedings, at least until arbitration could be concluded.
520 _aSee L133402
650 2 4 _aKIER REGIONAL LTD (T/A WALLIS) V CITY AND GENERAL (HOLBORN) LTD
650 2 4 _aBJ CRABTREE (INSULATION) LTD V GPT COMMUNICATION SYSTEMS
650 2 4 _aBOUYGUES UK LTD V DAHL-JENSEN UK LTD
650 2 4 _aCARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD
650 2 4 _aD WILSON (BIRMINGHAM) LIMITED V METROPOLITAN PROPERTY DEVELOPMENTS LIMITED
650 2 4 _aHARLOW AND MILNER V TEASDALE
650 2 4 _aHERSCHEL ENGINEERING LTD V BREEN PROPERTY LTD
650 2 4 _aINDUSTRIAL SERVICES LTD V CLEVELAND BRIDGE (UK) LTD
650 2 4 _aJAMES MILLER AND PARTNERS LIMITED V WHITWORTH STREET ESTATES (MANCHESTER) LIMITED
650 2 4 _aKELLOGG BROWN AND ROOT INC V CONCORDIA MARITIME AG
650 2 4 _aMAGGS V MARSH
650 2 4 _aMEARS V SAFECAR SECURITY LIMITED
650 2 4 _aROBERTS PETROLEUM LTD V BERNARD KENNY LTD
650 2 4 _aWIMBLEDON CONSTRUCTION COMPANY 2000 LTD V DEREK VARGO
690 _aMANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 4 1 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2008/2454.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c80957
_d80957