Cubitt Building and Interiors Ltd v Fleetglade Ltd

JurisdictionEngland & Wales
CourtQueen's Bench Division (Technology and Construction Court)
Judgment Date2006
Neutral Citation[2006] EWHC 3413 (TCC)
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16 cases
  • Systech International Ltd v PC Harrington Contractors Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 27 October 2011
    ...essential nature of the decision actually was. 34 HHJ Peter Coulson QC (as he then was) addressed the issue obiter in Cubitt Building & Interior Ltd v Fleetglade Ltd [2006] EWHC 3413 (TCC). The case was between the parties to the construction contract in question and related to whether ......
  • AC Yule & Son v Speedwell Roofing & Cladding Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 31 May 2007
    ...in the meantime, was wrongly decided. (d) In Hart Investments Ltd v Fidler and another [2006] EWHC 2857 (TCC) and Cubitt Building & Interiors Limited v Fleetglade Limited [2006] EWHC 3413 (TCC), I concluded that the word “shall” in the 1996 Act and the Scheme was mandatory. In the latte......
  • Dalkia Energy & Technical Services v Bell Group
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 21 January 2009
    ...decision: see, for example, Barnes & Elliott Limited v. Taylor Woodrow Holdings Limited [2003] 3100 (TCC) and Cubitt Building & Interiors Limited v Fleetglade Limited [2006] EWHC 3413( TCC). 74 Of course, whether or not the actual delay in issuing the decision after it has been reac......
  • Primus Build Ltd v Pompey Centre Ltd & Slidesilver Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 16 June 2009
    ...dealing with service are not to be regarded as having been incorporated wholesale into the adjudication process: see Cubitt Building & Interiors Limited v Fleetglade Limited [2006] EWHC 3413 TCC. It is also to be noted that the same applies to arbitration proceedings: see Bernuth Lines......
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2 firm's commentaries
  • Adjudication Review, Spring 2018
    • United Kingdom
    • Mondaq UK
    • 2 May 2018
    ...deadline without the express agreement of the parties. The judge referred to Cubitt Building & Interiors Ltd v. Fleetglade Ltd [2006] EWHC 3413 (TCC) in which Coulson J stated that a decision given "out of time and without an agreed extension may well be a nullity", and a &quo......
  • Adjudication Review, Spring 2018
    • United Kingdom
    • JD Supra United Kingdom
    • 2 May 2018
    ...deadline without the express agreement of the parties. The judge referred to Cubitt Building & Interiors Ltd v. Fleetglade Ltd [2006] EWHC 3413 (TCC) in which Coulson J stated that a decision given "out of time and without an agreed extension may well be a nullity", and a &quo......

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