Stephen West and Another v Ian Finlay & Associates (A Firm)
| Jurisdiction | England & Wales |
| Judge | Lord Justice Vos |
| Judgment Date | 27 March 2014 |
| Neutral Citation | [2014] EWCA Civ 316 |
| Docket Number | Case No: A1/2013/1206 |
| Court | Court of Appeal (Civil Division) |
| Date | 27 March 2014 |
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8 cases
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Rendlesham Estates Plc & Others v Barr Ltd
... ... lives to the exclusion of members of another household, as it seems to me that it must be 1 , ... a similar point in relation to the claim by West Register, a subsidiary of the Royal Bank of ... has two directors, William Cheevers and Stephen Hamill who are also directors of Barr. The ... of the Court of Appeal in West v Ian Finlay & Associates [2014] BLR 324 , the court said ... ...
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Reaney v Interlink Ireland Ltd (t/a D.P.D.)
...on the analogous, but not identical statutory provision in England and Wales West and Anor. v. Ian Finlay & Associates (affirm) [2014] EWCA Civ 316 in which Voss L.J. at para. 75 stated that the applicable legal principles in that jurisdiction (which were not in dispute) include that, ‘The ......
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Brenda Vainker & Anor v Marbank Construction Limited & Ors
...from the leaking shower trays, was in my judgment very significant. 304. In the recent decision of the Court of Appeal in West v Ian Finlay & Associates [2014] BLR 324, the court said that awards of this type should be modest and subject to a maximum of about £3,000 per annum (at current pr......
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Prakash Vyas and Minaxi Vyas (Claimants/Appellants) v Raj Goraya, T/A Taj Construction Roofing
...home, is carrying on his construction business through various companies and is regularly remitting funds to family members in India[2014] EWCA Civ 316, although that appears not to have been known by counsel who addressed her at trial. In the Court of Appeal in West it was held that an awa......
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5 firm's commentaries
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Dont Fall Into The Net
Contribution Clause
...one for residential projects, and came under scrutiny in the case of Stephen West, Carol West v Ian Finlay & Associates (IFA) [2014] EWCA Civ 316. IFA's appointment included a Net Contribution Clause (NCC). This meant that IFA's liability for loss or damage suffered by the Wests was to ......
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Net Contribution Clauses: Are They Unreasonable And/Or Unfair?
...the case of West & West v Ian Finlay & Associates (a firm), [2014] EWCA Civ 316, the Court of Appeal had to review the effect of a net contribution The Facts In June 2005 Mr and Mrs West ('the Wests') purchased a property in Putney, London for £1.7 million. The Wests planned major r......
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Net Contribution Clause Is Crystal Clear
...Stephen and Carol West v Ian Finlay & Associates [2014] EWCA Civ 316, a case involving the interpretation of a net contribution clause, the Court of Appeal have overturned a first instance decision and held that the architect could rely on the net contribution clause to limit its What i......
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Casting Your Net (Contribution Clause) Into The Sea Of Liability
...context), the extent of a party's responsibility for specific damage. Footnote The Court of Appeal decision in West v Finlay [2014] EWCA Civ 316 is available at The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about......
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4 books & journal articles
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Statutory regulation of work
...v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) at [296]–[303], per Edwards-Stuart J (appeal allowed, on unrelated grounds [2014] EWCA Civ 316); Hunt v Optima (Cambridge) Ltd [2013] EWHC 681 (TCC) at [136(b)], per Akenhead J (appeal allowed, on unrelated grounds: [2014] EWCA Civ 71......
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Litigation
...eg, West v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) at [311], per Edwards-Stuart J (appeal allowed, for other reasons: [2014] EWCA Civ 316). See also Chan Shun Kei v Hong Kong Construction (Hong Kong) Ltd [2014] HKCFI 632 at [7], per DHCJ Burrell. 334 See, eg, Driltech Ground ......
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Contract administration
...West v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) at [181]–[182], per Edwards-Stuart J (appeal allowed, for other reasons [2014] EWCA Civ 316). 558 Wridgway v Dunn (1892) 18 VLR 705; McKnight v District Committee of the Middle Ward of Lanarkshire (1899) 7 SLT 47; Anglian Water S......
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Defects
...J; West v Ian Finlay & Associates (A Firm) [2013] EWhC 868 (TCC) at [251], per Edwards-Stuart J (appeal allowed, for other reasons: [2014] EWCa Civ 316); Millenia Pte Ltd v Dragages Singapore Pte Ltd [2018] SGhC 193 at [670]–[671] and [678]–[679], per Quentin Loh J. See also Skandia Propert......