CITY INN Ltd Pursuers against SHEPHERD CONSTRUCTION Ltd Defenders
| Jurisdiction | Scotland |
| Date | 2001 |
| Year | 2001 |
| Court | Court of Session (Outer House) |
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14 cases
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City Inn Limited V. Shepherd Comstruction Limited
...adjustment of the pleadings in the action, a debate took place before the Lord Ordinary (Lord Macfadyen), whose decision is reported at 2002 S.L.T. 781. The debate ranged over a number of issues arising out the pleadings. In particular, the Lord Ordinary considered the construction of claus......
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Walker Construction (UK) Ltd v Quayside Homes Ltd and Another
...from the provisions of Section 108(3) of the Housing Grants Construction Regeneration Act 1996, and the decision in City Inn Limited v Shepherd Construction Limited (2002) SLT 781. There is a helpful passage in this regard in Coulson on Construction Adjudication, second edition, 2010, para......
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The Construction Centre Group Limited V. The Highland Council
...it did so that award was binding, required to be implemented, and could if necessary be enforced (City Inn Ltd v Shepherd Construction Ltd 2002 SLT 781 at 794K, paragraph [59]). Adjudication was concerned not merely with providing an answer to a matter of dispute, but with securing payment ......
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Patersons Of Greenoakhill Ltd V. Biffa Waste Services Limited
...in respect that it is designed to operate in terrorem, or oppressively or punitively." (City Inn Ltd v Shepherd Construction Ltd 2002 SLT 781, Lord Macfadyen at para 15) The burden of meeting that test rests on the person seeking to strike down the clause. [101] The rule against penalties h......
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1 firm's commentaries
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Extensions Of Time, Concurrent Delays, And Causation: City Inn v Shepherd Judicial Guidance From The UK Courts At Long Last
...five weeks to March 29, 1999, and ordered that that Employer repay the withheld sum (see City Inn Limited v Shepherd Construction Limited 2002 SLT 781). The Employer appealed the instance decision to the Scottish Outer House, Court of Sessions, which was heard and decided by Lord Drummond Y......