MARC details
000 -LEADER |
fixed length control field |
01966cam a2200241 4500 |
001 - CONTROL NUMBER |
control field |
ABS63423 |
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
fixed length control field |
000000n2000 000 0 eng u |
035 ## - SYSTEM CONTROL NUMBER |
System control number |
(Sirsi) u110762 |
245 ## - TITLE STATEMENT |
Title |
Herschel Engineering Ltd v Breen Property Ltd |
260 ## - PUBLICATION, DISTRIBUTION, ETC. |
Date of publication, distribution, etc. |
2000 |
490 ## - SERIES STATEMENT |
Series statement |
Construction Law Journal |
Volume/sequential designation |
[2000] 16 Const.L.J. 5, 366-372(7) |
520 ## - SUMMARY, ETC. |
Summary, etc. |
TCC 14 April 2000. B engaged H to carry out works to a property but refused to pay two of the claimant's invoices. H then started court proceedings and appealed against the subsequent decision to set aside the judgement in default. Before the appeal could be heard, however, H referred the dispute to adjudication. The adjudicator's award was in favour of the claimant but when H applied for summary judgment to enforce the award B argued that the court should not allow two concurrent proceedings for the same cause of action and that H had waived the right to adjudication by starting court proceedings. These arguments were dismissed as the Housing Grants, Construction and Regeneration Act 1996 s108 permits reference to adjudication at any time, as the Act anticipated adjudication taking place alongside litigation, and as these are not mutually exclusive routes to dispute resolution. |
590 ## - LOCAL NOTE (RLIN) |
Local note |
ABS |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
CONCURRENT PROCEEDINGS |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
ENFORCEMENT |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
HERSCHEL ENGINEERING LTD V BREEN PROPERTY LTD |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108 |
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) |
Topical term or geographic name as entry element |
MANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION |
942 ## - ADDED ENTRY ELEMENTS (KOHA) |
Suppress in OPAC |
0 |