Savoye And Savoye Ltd v Spicers Ltd

Savoye And Savoye Ltd v Spicers Ltd

The conveyor system installed by Savoye was extensively and permanently fixed to the building, was a substantial and integrated system intended to enhance the value and utility of the premises, and thus formed part of the land. Therefore, the works constituted 'construction operations' under Section 105(1) of the...

Source-derived case information.

Parties
Claimant: Savoye; Claimant: Savoye Limited; Defendant: Spicers Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2014
Procedural Posture
Commercial/construction Contract Dispute / Judgment on Enforcement of Adjudicator's Decision
Outcome
Judgment for the claimant; adjudicator's decision enforced.
Legal Topics
Construction Operations Under HGCRA, Fixtures and Chattels, Enforcement of Adjudicator's Decision
Construction Law Contract Law Construction Operations Under HGCRA Fixtures and Chattels Enforcement of Adjudicator's Decision

Source-derived case record

Summary, issues, holding and outcome

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Parties

Savoye

Claimant

Savoye Limited

Claimant

Spicers Limited

Defendant

Procedural Posture

Commercial/construction Contract Dispute / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the installation of a conveyor system constitutes 'construction operations' under Section 105 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA)
  2. 2 Whether the conveyor system forms part of the land for the purposes of the HGCRA

Ratio Decidendi

The conveyor system installed by Savoye was extensively and permanently fixed to the building, was a substantial and integrated system intended to enhance the value and utility of the premises, and thus formed part of the land. Therefore, the works constituted 'construction operations' under Section 105(1) of the HGCRA, and the adjudicator had jurisdiction. The adjudicator's decision is enforceable.

Court Disposition

Judgment for the claimant; adjudicator's decision enforced.

Orders

  • Judgment in favour of Savoye by way of enforcement of the adjudicator's decision.