Construction Law in UK Law
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Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
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I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day it was signed, but by reason of subsequent events meant something different a month or a year later.
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Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
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In such a case, it seems to me proper, as in the case of the carriage of goods by land, to treat the parties as having entered into the contract on the footing that Corporation would be entitled to enforce contractual rights for the benefit of those who suffered from defective performance but who, under the terms of the contract, could not acquire any right to hold McAlpine liable for breach.
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Carillion Construction Ltd v Devonport Royal Dockyard Ltd
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It is only too easy in a complex case for a party who is dissatisfied with the decision of an adjudicator to comb through the adjudicator's reasons and identify points upon which to present a challenge under the labels "excess of jurisdiction" or "breach of natural justice". The task of the adjudicator is to find an interim solution which meets the needs of the case. The need to have the "right" answer has been subordinated to the need to have an answer quickly.
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Davis Contractors Ltd v Fareham Urban District Council
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So perhaps it would be simpler to say at the outset that frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract.
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Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
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But in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its breach arising by operation of law, and clear express words must be used in order to rebut this presumption.
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Trentham (G Percy) Ltd v Archital Luxfer Ltd
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The fact that the transaction was performed on both sides will often make it unrealistic to argue that there was no intention to enter into legal relations. It will often make it difficult to submit that the contract is void for vagueness or uncertainty. Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or, alternatively, it may make it possible to treat a matter not finalised in negotiations as inessential.
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Stocznia Gdanska SA v Latvian Shipping Company and Others
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Considerations such as these lend added weight in this context to the familiar principle of construction that clear words are needed to rebut the presumption that a contracting party does not intend to abandon any remedies for breach of the contract arising by operation of law: see, e.g., Modern Engineering (Bristol) Ltd. v. Gilbert-Ash (Northern) Ltd. [1974] A.C. 689, 717, per Lord Diplock.
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Charitable Trusts Act 1853
... ... XXVII. Where any Land shall be required for the Erection or Construction of any House or Building with or without Garden, Playground, or other Appurtenances, for the Purposes of any Charity, and the Trustees of the Charity ... ...
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European Union (Withdrawal) Act 2018
... ... Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities) .“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 ... ...
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Law Reform (Married Women and Tort-feasors) Act 1935
... ... III ... Supplementary. Part III ... Supplementary ... Short title, extent and construction of references. 8 Short title, extent and construction of references ... (1) This Act may be cited as the Law Reform (Married Women and ... ...
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The Public Contracts Regulations 2015
... ... and made available to the general public;“European Technical Assessment” means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the relevant European Assessment Document as defined in point 12 of Article ... ...
- Julian Bailey (ed), Construction Law, Costs and Contemporary Developments: Drawing the Threads Together; A Festschrift for Lord Justice Jackson
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Common Law, Mountain Music, and the Construction of Community Identity
This article suggests how law and the arts can shape a community’s identity over time, by exploring the unique parallels between the common law and the folk music of the Appalachian region of the U...
- Facing Facts: The Teaching of Fact Construction in University Law Schools
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About the author
...ABOUT THE AUTHOR ... Julian Bailey is a solicitor and partner at White & Case LLP, London, where he practises in the ield of construction law on an international scale. He is Adjunct Professor of Law at Hamad bin Khalifa University, Doha, Qatar, and he was Chairman of the Society of ... ...
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Order in the Queen's Bench Division for case and costs management directions in the multi-track (Part 29)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... 3.2 The ( party ) do apply by ( date ) to a Judge of the Technology and Construction Court ( or other Specialist List ) for an order for transfer of the proceedings to that Court ( or other Specialist List ) ... 3.3 The ... ...