Natural Justice – challenge to enforcement of award and claim for final determination of the validity of final account statement:
Atalian Servant AMK Ltd v B W (Electrical Contractors) Ltd [2023] ScotCS CSOH 14
Lord Sandison (16 February 2023)
Stay of Execution:
WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278 (TCC), Pepperrall J.
Judgment 10 February 2023)
Legislation The “ Act ” means the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act
2009 Pt 8. The 'new' provisions apply to contracts entered into on or after 1 October
2011. The Act applies to England and Wales, Scotland and Northern Ireland.
The main regulations are contained in the Scheme for Construction Contracts
(England & Wales) Regulations 1998 (the 'Principal Regulations').[1] They have been
amended by the Scheme for Construction Contracts (England & Wales)
(Amendment) (England) Regulations 2011[2] (the 'new Regulations'). The new
Regulations apply only to contracts for construction operations in England entered
into on or after 1 October 2011. For earlier contracts, the Principal Regulations apply.
Northern Ireland has its own scheme: the Scheme for Construction Contracts in
Northern Ireland 1999 as amended by the Scheme for Construction Contracts in
Northern Ireland (Amendment) Regulations (Northern Ireland) 2012. The Northern
Ireland Scheme is broadly similar to that in force in England and Wales.
There are separate regulations for contracts for work in Scotland applicable to
contracts made on or after 1 November 2011.[3] The new Regulations apply only to
2
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