Amey Birmingham Highways Ltd v Birmingham City Council
| Jurisdiction | England & Wales |
| Judge | Lord Justice Jackson,Lord Justice Moylan,Sir Stephen Tomlinson |
| Judgment Date | 22 February 2018 |
| Neutral Citation | [2018] EWCA Civ 264 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case Nos: A1/2016/4083 and A1/2016/4084 |
| Date | 22 February 2018 |
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11 cases
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Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd
...in the same case [2008] EWCA Civ 542, [2008] 2 Lloyd's Rep 187 (per Waller LJ at paras 33–35) and more recently in Amey Birmingham Highwavs Ltd v Birmingham City Council [2018] EWCA Civ 264, [2018] BLR 225 (per Jackson LJ at paras 32 Guidance as to what is meant by being “obvious or easi......
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Cathay Pacific Airways Ltd v Lufthansa Technik AG
...is possible even in the case of long, complex and sophisticated contracts expressed in writing – see e.g. Bates and Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264. Implication by law 219 In my judgment, there can be no serious argument that the Agreement meets t......
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Bank of Scotland Plc v Peter Lisney Hoskins
...is possible even in the case of long, complex and sophisticated contracts expressed in writing — see e.g. Bates and Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264.” 77 The defendant's pleading on this issue is not user-friendly. It jumps from “relationship” to “......
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Alan Bates and Others v Post Office Ltd
...so) each of the following cases accepts that it exists, dealing with the most recent appellate authority first. 1. In Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264 Jackson LJ stated: “[92] The contract before the court is a PFI contract intended to run for 25 y......
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3 firm's commentaries
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All Fair In Love, War And Commerce?
...Alliance Group v RBS [2016] EWHC 3342 (Ch). (vi) Two more decisions have followed this year: (a) In Amey v Birmingham City Council [2018] EWCA Civ 264, the Court of Appeal commented that a long-term PFI contract could be classified as (b) The judge who had decided the Yam Seng case five yea......
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PFI: benchmarking and market testing, a cause of conflict in the long run?
...in order to resolve certain disputes/differences arising under the contract. 1 Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264. [View Julian BaileyPaddy Mohen...
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Setting Aside Certificates for "Manifest Error"
...certificate or determination. The recent English Court of Appeal decision in Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264 examined the issue of whether four completion certificates issued by the independent certifier under a PFI contract could be set aside on t......
1 books & journal articles
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Dispute resolution
...Sir Andrew Morritt C; Lau v Wan Yuk Lin [2013] HKCFI 67 at [9], per Harris J; Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264 at [83]–[91], per Jackson LJ. It would appear to be impermissible to go beyond the face of the expert’s determination for the purpose of d......