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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 £3,343,223.82. In September 2019 McLaughlin issued proceedings in the Sheriff Court claiming a gross valuation of £3,711,242.80 and seeking an order for payment of the balance. In March 2020 McLaughlin commenced an adjudication claiming a gross valuation of £3,802,614.87 relying upon the interim payment notice dated 10 August 2017. The council argued for a nil valuation on the grounds that the interim payment notice was invalid and that the final certificate issued on ....
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 arose at the quarry between the Tarmac employees and the Roltech workers over fears of job losses. Mr Chell raised concerns with his supervisor and then with Tarmac’s representative during August 2014 but he continued working at the quarry. ....