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Building Law Reports

HENRY BOOT CONSTRUCTION LTD v ALSTOM COMBINED CYCLES LTD

[2005] BLR 437

COURT OF APPEAL

Before Sir Andrew Morritt V-C, Lord Justice Dyson and Lord Justice Thomas

Limitation - Date of accrual of cause of action - ICE Conditions of Contract (6th edition) - Claims under contract for value of work done and materials supplied - Whether causes of action accrued when work done or on issue of interim certificates - Whether claim under clause 46 subject to certification provisions - Whether fresh cause of action accrued on issue of final certificate - When cause of action accrued in respect of claim for interest on sums which should have been certified. Arbitration - Appeals - Leave to appeal to House of Lords where judge-arbitrator - Section 69(8) of the Arbitration Act 1996 - Proper test - Paragraph 4.5 of House of Lords Practice Direction Applicable to Civil Appeals - Leave to appeal against refusal to grant leave to appeal.

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