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Scotland Case Law

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Contract law [2018] ScotCS CSOH_45

BN RENDERING LIMITED AGAINST EVERWARM LIMITED

BN RENDERING LIMITED AGAINST EVERWARM LIMITED [2018] ScotCS CSOH_45 (27 April 2018)

The Court of Session held that an exclusive English jurisdiction clause applied to enforcement of an adjudicator’s award, so the Scottish action was dismissed.

  • Exclusive jurisdiction clauses
  • Consent to jurisdiction
  • Enforcement of adjudicator's awards
  • Construction contracts
  • Exclusive-jurisdiction-clauses
  • Adjudication-enforcement
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Construction law [2013] ScotCS CSOH_54

Whyte and Mackay Ltd v Blyth & Blyth Consulting Engineers Ltd

Whyte and Mackay Ltd v Blyth & Blyth Consulting Engineers Ltd [2013] ScotCS CSOH_54 (09 April 2013)

Court of Session held that an adjudicator's award should not be enforced where key defence arguments were not addressed and enforcement would breach A1P1.

  • Enforcement of adjudicator's awards
  • Professional negligence
  • European convention on human rights (echr)
  • Article 1 protocol 1 (a1p1)
  • Article 6 echr
  • Natural justice
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Construction law [2001] ScotCS 152

Barr Ltd v Law Mining Ltd

Barr Ltd v Law Mining Ltd [2001] ScotCS 152 (15 June 2001)

The court considered enforcement of two construction adjudicator awards. It upheld most of the awards, but allowed only partial enforcement in one action.

  • Adjudication under housing grants, construction and regeneration act 1996
  • Enforcement of adjudicator's awards
  • Jurisdiction of adjudicator
  • Summary decree
  • Interpretation of 'dispute' under the scheme for construction contracts
  • Construction-law
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.