Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH
| Jurisdiction | England & Wales |
| Judge | THE HON.MR.JUSTICE RAMSEY,The Honourable Mr Justice Ramsey,The Hon. Mr Justice Ramsey |
| Judgment Date | 31 October 2008 |
| Neutral Citation | [2008] EWHC 2657 (TCC),[2008] EWHC 2210 (TCC),[2008] EWHC 6 (TCC) |
| Docket Number | Case No: HT-06228,Case No: HT-06–228,Case No: HT-06-228 |
| Court | Queen's Bench Division (Technology and Construction Court) |
| Date | 31 October 2008 |
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14 cases
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Colour Quest Ltd v Total Downstream UK Plc [QBD (Comm)]
...of either approach made any material difference. In the event the classical “control” test was re-affirmed in Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWCA Civ. 1257. Having cited at length from Mersey Docks, the court went on: “49. All of the members of the House o......
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Linklaters Business Services v Sir Robert McAlpine Ltd and another (No 2)
... ... ] AC 785 , The Winkfield [1902] P 42 and Biffa Waste Services Ltd v Maschinen Ernst Hesse Gmbh ... ...
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David Stewart+doreen Kennedy Stewart V. Aftab Ahmed Malik
... ... In Biffa Waste Services Limited v Maschinenfibric Ernst Hese GmbH [2008] EWCA Civ 1257 (decided since the ... ...
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Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH
...And and Vanguard Industrial Ltd and T/a Pickfords Vanguard and Third Party and Hese Umwelt Gmbh and Fourth Party [2008] EWCA Civ 1257 [2008] EWHC 6 (TCC) The President of The Queen's Bench Division Lord Justice Rimer and Lord Justice Stanley Burnton Case No: A1/2008/0422 IN THE SUPREME COUR......
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2 firm's commentaries
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Functus Officio After Conditional Final Award
...there was a risk of the defendant obtaining a windfall (at [57]). Based on Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GMBH [2008] EWHC 2210, a decision which was cited by the Arbitrator, there were two options to mitigate this risk: (a) adjourn the decision on quantum; or (b) mak......
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Liquidated Damages In Construction Contracts: What Are The Snags?
...But the court did not allow this in the case of Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others [2008] EWHC 6 (TCC) because the liquidated damages clause was clearly composed as a complete remedy for delayed In another case, Temloc Ltd v Errill Properties L......
4 books & journal articles
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Defects
...– Strata Plan 73162 v Dyldam Developments Pty Ltd [2014] NSWSC 1789. 349 Bifa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWhC 2210 (TCC) at [73], per ramsey J. however, the owner may be entitled to recover damages for other losses lowing from the defects; eg, losses resulti......
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Litigation
...As to settlement ofers and their efect, see paragraph 26.289f. 1090 Bifa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GmbH [2008] EWHC 2657 (TCC) at [33(4)], per Ramsey J (appeal allowed on other grounds [2009] QB 725); Vector Investments v Williams [2010] BLR 195. 1091 PGF II SA ......
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Table of cases
...Ltd v parkman Consulting Engineers [2002] BLr 64 II.13.242, II.13.245 Bifa Waste Services Ltd & Anor v Maschinenfabrik Ernst GmbH [2008] EWHC 2657 (TCC) III.26.260 Bifa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWHC 2210 (TCC) II.14.124 Bifa Waste Services Ltd v Maschinenf......
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Contract Law
...certain that liability will never be discharged by the claimant”, following Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese Gmbh [2009] PNLR 5. 260 Motor Insurers' Bureau of Singapore v AM General Insurance Bhd [2018] 4 SLR 882 at [133]. 261 Motor Insurers' Bureau of Singapore v AM Ge......