Reinwood Ltd v L Brown & Sons Ltd CA

Citation: BLR 37

Nature of case:
The House of Lords considered the issue of whether the cancellation of the certificate of non-completion under Clause 24 (of the JCT 98) by the grant of an extension of time had the effect that the employer could no longer justify a LAD deduction. Upholding the decision of the Court of Appeal, the House of Lords held that the employer’s right to deduct LADs was not lost by the grant of the extension of time even if its effect was to cancel the certificate of non-completion. The cancellation of the non-completion certificate did not have retrospective effect and the employer was therefore entitled to rely on that certificate. Head of Chambers John Marrin QC acted for Brown & Sons with instructing solicitor Mr Steven Bate of Hammonds, while Stephen Furst QC acted for Reinwood with Mr Howard Cornes of solicitors Hill Dickinson.

also reported in:

BLR 219 [2008], UKHL 12 [2008], BLR 305 and [2007] BLM Vol.24 No.8 August-September 2007 CA,

Counsel

Stephen Furst QC
John Marrin QC

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