Cape Durasteel Ltd v Rosser and Russell Building Services Ltd

JurisdictionEngland & Wales
Year1995
Date1995
CourtOfficial Referees' Court
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3 cases
  • Dgt Steel and Cladding Ltd v Cubitt Building and Interiors Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • Invalid date
    ...topic where the underlying agreement was the adjudication of any dispute that might arise under the contract. In Cape Durasteel Ltd. v. Rosser and Russell Building Services Ltd. [1995] 46 Con LR 75, a case decided before the Housing Grants, Construction and Regeneration Act 1996, His Honou......
  • Connect Plus (M25) Ltd v Highways England Company Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 27 October 2016
    ...expert determination (see Cott) and in disputes involving adjudication (see Cape Durasteel Ltd v Rosser & Russell Building Services Ltd 46 Con LR 75). 22 On behalf of CP, Mr Streatfeild-James QC argued that a consideration of the adjudication cases was also relevant to the present applicati......
  • Lancashire Schools SPC Phase 2 Ltd (formerly Catalyst Education (Lancashire) Phase 2 Ltd) v Lendlease Construction (Europe) Ltd (formerly Bovis Lend Lease Ltd)
    • United Kingdom
    • King's Bench Division (Technology and Construction Court)
    • 12 January 2024
    ...to create a mandatory obligation. 52 Mr Chennells drew my attention to Cape Durasteel Ltd v Rosser and Russell Building Services Ltd (1995) 46 Con LR 75 in which HHJ Lloyd QC said, at p.85, that clauses which purport to oust the jurisdiction of the courts are to be construed narrowly. Mr Ch......
1 books & journal articles
  • Dispute resolution
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...and Expert Determination” in hornton and Godwin (eds), Construction Law: hemes and Practice (Sweet & Maxwell, 1998) chapter 6. 168 (1995) 46 Con LR 75. 169 (1995) 46 Con LR 75 at 85. 170 A Cameron Ltd v John Mowlem & Co plc (1990) 52 BLR 24 at 38, per Mann LJ. here are limited rights of app......

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