Mitsui Babcock Energy Services Ltd, Re Application For Judicial Review [2001] ScotCS 150 (13 June 2001)

Mitsui Babcock Energy Services Ltd, Re Application For Judicial Review [2001] ScotCS 150 (13 June 2001)

The operations undertaken by the petitioner were exempt operations within the meaning of section 105(2)(c)(ii) of the 1996 Act because the installation of the boilers was to further the primary activity of processing chemicals and oil on the BP petrochemical complex, and the statutory exemption applies regardless of contractual site definitions or separate ownership.

Citation
[2001] ScotCS 150
Parties
Petitioner: Mitsui Babcock Energy Services Limited; First Respondent: Foster Wheeler Energia OY; Second Respondent: Janey L. Milligan
Jurisdiction
Scotland
Judgment Date
13 June 2001
Procedural Posture
Judicial Review / First Hearing
Outcome
Petition dismissed
Legal Topics
Statutory Interpretation, Jurisdiction of Adjudicator, Exemptions Under Housing Grants, Construction and Regeneration Act 1996
Construction Law Administrative Law Statutory Interpretation Jurisdiction of Adjudicator Exemptions Under Housing Grants, Construction and Regeneration Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Mitsui Babcock Energy Services Limited

Petitioner

Foster Wheeler Energia OY

First Respondent

Janey L. Milligan

Second Respondent

Procedural Posture

Judicial Review / First Hearing

Legal Issues

  1. 1 Whether the assembly and installation of the HRSGB and AB were on a site where the primary activity is the production or processing of chemicals, pharmaceuticals, oil or gas under section 105(2)(c) of the Housing Grants, Construction and Regeneration Act 1996
  2. 2 Whether the works were exempt from adjudication under the 1996 Act

Ratio Decidendi

The operations undertaken by the petitioner were exempt operations within the meaning of section 105(2)(c)(ii) of the 1996 Act because the installation of the boilers was to further the primary activity of processing chemicals and oil on the BP petrochemical complex, and the statutory exemption applies regardless of contractual site definitions or separate ownership.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed