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International Construction Law Review

CORRESPONDENTS’ REPORTS ENGLAND AND WALES

MARTIN BRIDGEWATER AND ANDREW TWEEDDALE

Norton Rose

INTRODUCTION

The last few months have seen a number of important construction cases come before the courts as well as cases and other developments relating to the Civil Procedure Rules (CPR). Anglian Water Services Ltd v. Crawshaw Robbins & Co Ltd 1 is interesting in that it reviews issues of negligence, nuisance, breach of statutory duty and also clause 22 of ICE Conditions. Stent Foundations Ltd v. M J Gleeson Group Plc 2 revisits the law on exemption clauses. Two cases dealing with insurance provisions in contracts are also discussed. These cases are of interest because the courts reached opposite decisions based on the wording of the two different contracts, and they therefore illustrate the need for clarity in the drafting of construction contracts. Once again the JCT have been criticised for the drafting of their forms of contract. In Peter Marcic v. Thames Water Utilities (No. 1) 3 the court found that there had been a breach of the Human Rights Act 1998, where but for this breach there would have been no cause of action in English law. Finally, in the Scottish case of Blyth & Blyth Ltd v. Carillion Construction Ltd 4 the court considered a designer’s liability to a contractor for errors in design which had occurred prior to the novation of its appointment to the contractor.
A new Pre-Action Protocol for Construction Cases has been brought into force, which changes the way in which a case should be conducted before and after proceedings are commenced. It is not uncommon for construction cases to be either the subject of a summary judgment application or a striking out application—striking out and summary judgment applications have now been considered by the House of Lords.


[2001
The International Construction Law Review

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