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Case in focus: D McLaughlin & Sons Ltd vs East Ayrshire Council

The case Opinion of Lord Clark Judgment delivered 30 December 2020 The facts McLaughlin was engaged by East Ayrshire Council to build an extension at a primary school and commenced work in 2016. On 10 August 2017 McLaughlin issued an interim payment notice claiming some £949,556.50.  No pay less notice was issued but, despite further exchanges, the council did not pay the amount claimed by McLaughlin.   The council issued a final certificate on 17 July 2019 with a gross valuation of £3,343...
South Ayrshire United Kingdom Fenwick Elliott Ted Lowery Justice Coulson Sheriff Court

Case in focus: Chell vs Tarmac Cement and Lime Ltd

The case Before Mr Justice Martin Spencer Queen’s Bench Division The facts Tarmac operated an aggregates quarry at Bayston Hill in Shropshire. Mr Chell was employed by Roltech Engineering Ltd and from 2013 worked at the quarry as a subcontracted site fitter alongside Tarmac’s own staff. Tarmac’s detailed health and safety rules for the quarry included a prohibition against intentional or reckless misuse of equipment but did not specifically forbid practical jokes. During 2014 tensions ar...
Bayston Hill United Kingdom Fenwick Elliott Ted Lowery Justice Martin Spencer Roltech Engineering Ltd

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