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CONSTRUCTION LAW
 CONSTRUCTION LAW
Law and Practice relating to the
Construction Industry
TWELFTH EDITION
By
JOHN UFF
CBE, QC, Ph.D, BSc.(Eng.)
FREng., FICE, FCIArb.
Chartered Engineer, Barrister,
Bencher of Gray’s Inn,
Emeritus Professor of Engineering Law,
King’s College, London
 First Edition 1974
Second Edition 1978
Third Edition 1981
Fourth Edition 1985
Second Impression 1989
Fifth Edition 1991
Second Impression 1994
Sixth Edition 1996
Seventh Edition 1999
Reprinted 2000
Eighth Edition 2002
Ninth Edition 2005
Tenth Edition 2009
Eleventh Edition 2013
Twelfth Edition 2017
Published in 2017 by Thomson Reuters (Professional) UK Limited trading as Sweet & Maxwell.
Registered in England & Wales, Company No.1679046. Registered Office and address for service:
5 Canada Square, Canary Wharf, London, E14 5AQ.
For further information on our products and services, visit www.sweetandmaxwell.co.uk
A CIP catalogue record of this book is available from the British Library.
Thomson Reuters and the Thomson Reuters Logo are trademarks of Thomson Reuters. Sweet &
Maxwell ® is a registered trademark of ThomsonReuters (Professional) UK Limited.
Crown Copyright material is reproduced with the permission of the Controller of the HMSO and the
Queen’s Printer for Scotland.
All rights reserved. No part of this publication may be reproduced of this publication may be
reproduced or transmitted, in any form or by any means, or stored in any retrieval system of any
nature, without prior written permission, except for permitted fair dealing under the Copyright,
Designs and Patents Act 1988, or in accordance with the terms of a license issued by the Copyright
Licensing Agency in respect of photocopying and/or reprographic reproduction. Application for
permission for other use of copyright material including permission to reproduce extracts in other
published works shall be made to the publishers. Full acknowledgment of author, publisher and
source must be given.
© John Uff, 2017
For Diana
 PREFACE

The 12th Edition of this book represents the completion of a cycle, the 1st
Edition being published in 1974 by a very junior Member of a small set of
Chambers who perhaps knew more about engineering than law, with new
and expanding editions published at consistent four-yearly intervals, and
now having reached the opposite extreme in a long career. Whilst looking
back may have limited appeal, it is worth recalling that at the date of the
1st Edition there was no system of reporting first instance decisions in
construction cases, which were then handed down in typescript by the
“Official Referees” as TCC judges then were. Cases became known about
only through appeals or by the exchange of elicit copies of the original
judgments. It was my old friend Dr John Parris who first pioneered the
publication of “Building Law Reports” in 1976, Volume 1 providing, inter
alia, the first accessible report of Peak v McKinney,1 and subsequent
volumes up to the present day providing the foundation of what is now
universally called “Construction Law”. The book was intended to cover
the whole field of law relevant to construction. It has inevitably grown,
now to over three times its original length, but still, I hope fulfills its
original purpose of providing a wide-ranging over-view.
For this Edition, while there has been the usual steady crop of decisions
expanding and clarifying the law, these will shortly be eclipsed by the
dramatic outcome of the referendum held in June 2016 which resulted in
the decision to withdraw from the European Union. In due course this will
result in major changes to our law. But at the time of writing, the UK
Government not yet having triggered Article 50 of the Lisbon Treaty,
those changes remain in the future and the existing text dealing with EU
law matters remains in place. While new economic arrangement must, in
some form, be introduced within the two-year exit period, amendments to
our laws can and no doubt will be considered over a much longer time
frame so that the actual changes resulting from withdrawal will not be
settled for many years to come. Even so it is reasonably clear that, of the
major areas in which European law is presently dominant or significant,
many will remain substantially in place albeit regulated by our own courts.
These will certainly include the new generation of environmental law as
well as the rules and procedures governing procurement and competition,
each of which has been developed along with the rest of the EU over the
last three decades. In both cases, when stripped of European rules, there is
a broader international substratum that will certainly remain part of our
laws. To these may be added Health and Safety Regulations, which is
unsurprising considering that the UK generated its own modern health and
safety laws prior to involvement with Europe.
Turning to activities in the Courts, one of the cases to reach the
headlines has been the Supreme Court’s re-analysis of the principles
behind the law of liquidated damages in Cavendish Square Holdings v El
Makdessi.2 The Supreme Court also found time for yet another
clarification of the now familiar principles of commercial construction in
Arnold v Brittan3; and in a third Supreme Court decision, Aspect v
Higgins,4 the court clarified the seeming inconsistencies between the law
of limitation and statutory rights to adjudication. In addition, the Court of
Appeal was called upon to unravel yet more of the intricacies of
adjudication. In Harding v Paice5 the court held that an employer, who had
been required to pay the full value of a contractor’s account through failing
to serve a valid Pay-Less Notice, was nevertheless entitled to bring its own
adjudication to determine the correct value of the contractor’s account, an
obviously sensible outcome which was seemingly precluded by the
legislation. While not ranking as law proper, the libel action brought by
Andrew Mitchell MP6 gave rise to a decision in which the Court of Appeal
enforced the rules on service of a costs budget, a wake-up call as to the
serious effect of new Costs Rules.
Looking back now over two decades of statutory adjudication, one can
trace patterns in the disputed enforcement actions still regularly coming
before the Courts. These began with numerous challenges to the process,
which were later followed by a series of challenges to jurisdiction. The
latest fashion, fuelled by the 2009 Amending Act, appears to be challenges
based on the adequacy of notices, which has produced some bizarre
outcomes. However, while some continue to insist that the adjudication
process is sui generis, it continues to borrow from the law and practice of
arbitration, invariably to its benefit. Such was the case in TSG Building
Services v South Anglian Housing7 where on a Part 8 cross application in
opposition to enforcement, the TCC judge gave a full decision in response
to detailed argument on a point of law which determined whether or not
the adjudicator’s decision could be enforced, following closely the
procedure under s.69 of the Arbitration Act 1996. Bearing in mind the
recent call by the Lord Chief Justice for more appeals from arbitrations in
aid of the wider development of the common law,8 this modest expansion
is to be welcomed as a procedure which will allow adjudication to join the
mainstream of commercial law generation.
Outside the Courts the Insurance Act 2015 represents a welcome
liberalisation of somewhat antiquated insurance practices which had led to
serious injustice. Among other changes may be mentioned the regular
appearance of new and updated versions of the Building Regulations and
the CDM Regulations, both of which are covered in the relevant chapter.9
Far-reaching changes to arbitration rules were introduced by the LCIA in
2014, initiating what may well become a new round of institutional
arbitration rules. The LCIA rules now contain important powers by which
the Tribunal can control the conduct of advocates, where this might
otherwise prejudice the validity of the proceedings. As regards Standard
Forms of Contract, as anticipated in the Preface to the 11th Edition, the new
ICC Conditions, then in draft, were published in 2014 and will be followed
by progressive updating and republication of the full suite of documents
formally issued by the ICE. The ICC Main Form is now covered in
Chapter 13 and the FIDIC Commentary, added in the 11th Edition, is
retained as Chapter 14. The JCT Forms of Contract are also being re-
issued, containing relatively modest changes. At the time of writing, the
revised Main Form had not emerged and therefore this edition continues to
cover the 2011 Edition which will in any event be the version encountered
in the course of disputes for some years to come.
Finally, I must thank colleagues at Keating Chambers, now some four
times its size at the time of the 1st Edition; and at the Centre of
Construction Law at Kings College, London, currently in its 30th year and
still expanding its activities. I also thank colleagues in the Society of
Construction Law, the Society of Construction Arbitrators and the
Worshipful Company of Arbitrators for many stimulating exchanges on
this ever changing but genuinely interesting and lively subject which will
continue to require regular updating in years to come.
John Uff
Keating Chambers,
15 Essex Street,
London,
WC2R 3AA
th
30 January 2017
1 [1971] 1 B.L.R. 111.
2
[2015] UKSC 67.
3 [2015] UKSC 36.
4
[2015] B.L.R. 503.
5
[2015] EWCA Civ 1231.
6
Mitchell v News Group [2014] B.L.R. 89.
7
[2013] B.L.R. 484.
8
The Bailii Lecture 2016.
9
Chapter 17.
 ACKNOWLEDGMENTS

Grateful acknowledgment is made to the following authors and publishers

for permission to quote from their works:
AC ARCHITECTS: PPC2000 ACA Standard Partnering Form of Contract
in Project Partnering.
THE INCORPORATED COUNCIL OF LAW REPORTING FOR
ENGLAND AND WALES: Law Reports and Weekly Law Reports
FIDIC (International Federation of Consulting Engineers): FIDIC
Conditions of Contract for Construction for Building and Engineering
Works Designed by the Employer, included in Construction Contracts, 1st
Edition (1999 Red Book).
LEXISNEXIS: All England Law Reports, Construction Law Reports and
Local Government Reports, extracts reproduced by permission of Reed
Elsevier (UK) Limited trading as LexisNexis.
ROSEMARY BEALES (Association for Consultancy and Engineering):
ICC Conditions of Contract
SWEET & MAXWELL LTD: JCT Management Contract, JCT Design
and Build Contract, JCT Major Project Form, JCT Partnering Charter, JCT
Standard Building Contract and JCT Standard Building sub-contract.
While every care has been taken to establish and acknowledge copyright,
and contact copyright owners, the publishers tender their apologies for
any accidental infringement. They would be pleased to come to a suitable
arrangement with the rightful owners in each case.
 CONTENTS

Dedication v
Preface vii
Acknowledgments xi
Table of Cases xvii
Table of Statutes xlv
Table of Statutory Instruments li

1. Construction Law and the Legal System 1

Stratification of Law 5
The Courts 12
Public Law 14
European Community Law 21
Human Rights 24
International Cases 27

2. Dispute Resolution—Litigation, Adjudication 33

and ADR
Court Procedure 33
Evidence and Witnesses 61
Alternative Dispute Resolution 65
Adjudication 69

3. Dispute Resolution—Arbitration 85
Starting an Arbitration 85
Procedure in Arbitration 97
Arbitration Rules 107
Jurisdiction and Competence 111
Awards 113
Judicial Review of Awards 119
International Arbitration 123
Enforcement of Awards 135

4. Parties and Status 139

Parties in the Construction Industry 139
Limited Companies 144
Partnerships 149
Other Corporate Bodies 152
 5. The Law of Obligations 159
Obligations through Agreement 159
Restitution and Quantum Meruit 168
Obligations through Status 171

6. Contract—General Principles 179

Formation of Contract 180
Contracts which are not Binding 197
Procurement and Competition Rules 205
Discharge of Contracts 209
Remedies for Breach 216
Limitation Periods 226

7. Special Contracts 229

Sale of Goods 229
Agency 236
Insurance 241
Sale of Dwellings 252
Private Finance Initiative 255

8. Documents 257
Interpretation 257
Alteration of Terms 269

9. Construction Contracts 273

Performance and Payment 276
Contract Documents 279
Variations 287
Certificates 292
Engineers and Architects 299
Design-Build Contracts 313
Completion 317

10. Vicarious Performance and Insolvency 325

Sub-contracts 325
Assignment 332
Insolvency 337
Bonds 344

11. Standard Forms of Contract 349

Forms of Main Contract 351
 Specialist Forms 356
Hybrid Forms of Contract 363
Partnering Forms 367
Forms of Sub-Contract 373
Small Works Forms 376

12. The Standard Building Contract 379

The Contract 380
General Obligations of the Contractor 385
Certification and Payment 397
Disputes 402

13. Infrastructure Conditions of Contract 2014 405

The Contract 405
Obligations of the Contractor 410
Powers and Remedies 416
Sub-Contractors 419
Certification and Payment 421
Disputes 424

14. FIDIC (International) Conditions 427

The Contract 428
The Employer and the Engineer 431
General Obligations of the Contractor 433
Certification and Payment 440
Completion 442
Employer’s Remedies 443
Disputes 448

15. Law of Tort 455

Negligence 455
Other Aspects of Negligence 468
Nuisance 474
Vicarious Liability 480

16. Land, Planning and Environment Law 491

Rights of the Owner or Occupier of Land 492
Rights over Land of Others 497
Planning Law 500
Environment Law 510
17. Construction Statutes and Safety 519
Building Regulations 519
Highways 524
Health and Safety 527

Appendix: Glossary of Legal Terms 533

Index 539
 TABLE OF CASES

A Cameron Ltd v John Mowlem & Co Plc, 52 B.L.R. 24; 70

25 Con. L.R. 11, CA (Civ Div)
AB v CD [2014] EWHC 2990 (Fam); 17 I.T.E.L.R. 729, 486
Fam div
Abbott v Will Gannon & Smith Ltd [2005] EWCA Civ 198; 487
[2005] B.L.R. 195; 103 Con. L.R. 92; [2005] P.N.L.R.
30; [2005] 10 E.G. 154 (C.S.); [2005] N.P.C. 30, CA
(Civ Div)
Abu Dhabi Gas Liquefaction Co v Eastern Bechtel Corp; 93
Eastern Bechtel Corp and Chiyoda Chemical Engineering
& Construction Co Ltd v Ishikawajima-harima Heavy
Industries Co Ltd; Bechtel Corp v Ishikawajima Harima
Heavy Industries Co Ltd [1982] 2 Lloyd’s Rep. 425;
[1982] Com. L.R. 215; (1982) 126 S.J. 524, CA (Civ
Div)
AES-3C Maritza East 1 EOOD v Credit Agricole Corporate 344
and Investment Bank [2011] EWHC 123 (TCC); [2011]
B.L.R. 249; [2011] C.I.L.L. 2985, QBD
Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd (The 264
Strathallan); Malvern Fishing Co Ltd v Ailsa Craig
Fishing Co Ltd (The Strathallan) [1983] 1 W.L.R. 964;
[1983] 1 All E.R. 101; [1983] 1 Lloyd’s Rep. 183 (Note),
HL
Aiterv Ojjeh, 1986, Rev. Arb. 583 123
Alan Auld Associates Ltd v Rick Pollard Associates [2008] 213
EWCA Civ 655; [2008] B.L.R. 419; (2008) 152(21)
S.J.L.B. 28, CA (Civ Div)
Aldi Stores Ltd v WSP Group Plc [2007] EWCA Civ 1260; 44
[2008] 1 W.L.R. 748; [2008] C.P. Rep. 10; [2008] B.L.R.
1; 115 Con. L.R. 49; [2008] P.N.L.R. 14; (2008) 24
Const. L.J. 334; [2008] C.I.L.L. 2549; (2007) 104(48)
L.S.G. 24; [2007] N.P.C. 128, CA
Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] 319
EWHC 281 (TCC); [2005] B.L.R. 271; 104 Con. L.R.
39; (2005) 21 Const. L.J. 539, QBD
Alfred McAlpine Construction Ltd v Panatown Ltd (No.1); 167, 337
sub nom. Panatown Ltd v Alfred McAlpine Construction
 Ltd [2001] 1 A.C. 518; [2000] 3 W.L.R. 946; [2000] 4
All E.R. 97; [2000] C.L.C. 1604; [2000] B.L.R. 331;
(2000) 2 T.C.L.R. 547; 71 Con. L.R. 1; [2000] E.G. 102
(C.S.); (2000) 97(38) L.S.G. 43; (2000) 150 N.L.J. 1299;
(2000) 144 S.J.L.B. 240; [2000] N.P.C. 89, HL
Ali Shipping Corp v Shipyard Trogir [1999] 1 W.L.R. 314; 122
[1998] 2 All E.R. 136; [1998] 1 Lloyd’s Rep. 643, CA
(Civ Div)
Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte 211
Ltd [2014] SGCA 35; [2015] B.L.R. 410, CA (Sing)
Allianz SpA (formerly Riunione Adriatica di Sicurta SpA) 126
v West Tankers Inc (C-185/07) [2009] 1 A.C. 1138;
[2009] 3 W.L.R. 696; [2009] 1 All E.R. (Comm) 435;
[2009] All E.R. (EC) 491; [2009] 1 Lloyd’s Rep. 413;
[2009] E.C.R. I-663; [2009] 1 C.L.C. 96; [2009] C.E.C.
619; [2009] I.L.Pr. 20; 2009 A.M.C. 2847, ECJ
Al-Naimi (t/a Buildmaster Construction Services) v Islamic 105
Press Agency Inc; sub nom. Al-Naimi (t/a Buildmaster
Construction Services) v Islamic Press Services Inc
[2000] 1 Lloyd’s Rep. 522; [2000] C.L.C. 647; [2000]
B.L.R. 150, CA (Civ Div)
Alphacell Ltd v Woodward [1972] A.C. 824; [1972] 2 515
W.L.R. 1320; [1972] 2 All E.R. 475, HL
Aluminium Industrie Vaassen BV v Romalpa Aluminium 235
[1976] 1 W.L.R. 676; [1976] 2 All E.R. 552; [1976] 1
Lloyd’s Rep. 443, CA (Civ Div)
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd 83
[2004] EWCA Civ 1418; [2005] 1 All E.R. 723; [2005]
B.L.R. 1; 96 Con. L.R. 142; (2005) 21 Const. L.J. 249;
(2004) 154 N.L.J. 1690; (2004) 148 S.J.L.B. 1285, CA
(Civ Div)

AMEC Civil Engineering Ltd v Secretary of State for 81, 88

Transport [2005] EWCA Civ 291; [2005] 1 W.L.R.
2339; [2005] B.L.R. 227; 101 Con. L.R. 26; (2005) 21
Const. L.J. 640; [2005] 12 E.G. 219 (C.S.); (2005)
102(20) L.S.G. 30, CA (Civ Div)
American Cyanamid Co (No.1) v Ethicon Ltd [1975] A.C. 42, 208, 486
396; [1975] 2 W.L.R. 316; [1975] 1 All E.R. 504, HL
AMF International v Magnet Bowling [1968] 1 W.L.R. 468
 1028; [1968] 2 All E.R. 789; 66 L.G.R. 706, QBD
Andreae v Selfridge & Co Ltd [1938] Ch. 1, CA 474
Andrews v Hopkinson [1957] 1 Q.B. 229; [1956] 3 W.L.R. 160
732; [1956] 3 All E.R. 422, Assizes (Leeds)
Anns v Merton LBC; sub nom. Anns v Walcroft Property 14, 15, 457,
Co Ltd [1978] A.C. 728; [1977] 2 W.L.R. 1024; [1977] 2 459, 463, 523
All E.R. 492, HL
Anton Piller KG v Manufacturing Processes Ltd [1976] Ch. 48
55; [1976] 2 W.L.R. 162; [1976] 1 All E.R. 779, CA (Civ
Div)
Arnold v Britton [2015] UKSC 36; [2015] A.C. 1619; 260
[2015] 2 W.L.R 1593; [2016] 1 All E.R. 1; [2015] H.L.R.
31; [2015] 2 P. & C.R. 14; [2015] L. & T.R. 25; [2015]
C.I.L.L. 3689, SC
Arthur JS Hall & Co v Simons; Barratt v Woolf Seddon; 51, 64
Cockbone v Atkinson Dacre & Slack; Harris v Scholfield
Roberts & Hill; sub nom. Harris v Scholfield Roberts &
Hall; Barratt v Ansell (t/a Woolf Seddon) [2002] 1 A.C.
615; [2000] 3 W.L.R. 543; [2000] 3 All E.R. 673, HL
Ascon Contracting Ltd v Alfred McAlpine Construction 321
Isle of Man Ltd, 66 Con. L.R. 119; (2000) 16 Const. L.J.
316; [2000] C.I.L.L. 1583, QBD (TCC)
Ashville Investments Ltd v Elmer Contractors Ltd; sub 113
nom. Elmer Contractors Ltd v Ashville Investments Ltd
[1989] Q.B. 488; [1988] 3 W.L.R. 867; [1988] 2 All E.R.
577, CA (Civ Div)
Aspect Contracts (Asbestos) Ltd v Higgins Construction 84
Plc [2015] UKSC 38; [2015] 1 W.L.R. 2961; [2015] 4
All E.R. 482; [2015] 2 All E.R. (Comm) 965; [2015]
Bus. L.R. 830; [2015] 2 C.L.C. 203; [2015] B.L.R. 503;
160 Con. L.R. 28; [2015] C.I.L.L. 3696, SC
Associated British Ports v Hydro Soil Services NV [2006] 412, 437
EWHC 1187 (TCC)
Associated Electric & Gas Insurance Services Ltd v 122
European Reinsurance Co of Zurich [2003] UKPC 11;
[2003] 1 W.L.R. 1041; [2003] 1 All E.R. (Comm) 253,
PC (Ber)
Associated Portland Cement v Houlder (1917) 118 L.T. 94 218
Associated Provincial Picture Houses Ltd v Wednesbury 16
Corp [1948] 1 K.B. 223; [1947] 2 All E.R. 680; (1947)
 63 T.L.R. 623, CA
AT&T Corp v Saudi Cable Co [2000] 2 All E.R. (Comm) 105
625; [2000] 2 Lloyd’s Rep. 127; [2000] C.L.C. 1309;
[2000] B.L.R. 293, CA (Civ Div)
Atlantic Civil Proprietary Ltd v Water Administration 412
Ministerial Corp, 83 B.L.R. 113; (1997) 13 Const. L.J.
184, Sup Ct (NSW)
Attorney General of Belize v Belize Telecom Ltd [2009] 190
UKPC 10; [2009] 1 W.L.R. 1988; [2009] 2 All E.R.
1127; [2009] 2 All E.R. (Comm) 1; [2009] Bus. L.R.
1316; [2009] B.C.C. 433; [2009] 2 B.C.L.C. 148, PC
Aurum Investments Ltd v Avonforce Ltd (In Liquidation) 312
[2001] 2 All E.R. 385; (2001) 3 T.C.L.R. 21; 78 Con.
L.R. 115, (2001) C.I.L.L. 1729 QBD (TCC)
Austin Hall Building Ltd v Buckland Securities Ltd [2001] 82, 83
B.L.R. 272; (2001) 3 T.C.L.R. 18; 80 Con. L.R. 115,
QBD (TCC)
Aviva Insurance Ltd v Hackney Empire Ltd. See Hackney
Empire Ltd v Aviva Insurance UK Ltd (formerly t/a
Norwich Union Insurance Ltd)

Avraamides v Colwill [2006] EWCA Civ 1533; [2007] 205

B.L.R. 76; (2006) 103(46) L.S.G. 31; [2006] N.P.C. 120,
CA
Axen v Germany (A/72) (1984) 6 E.H.R.R. 195, ECHR 26
Bacal Construction (Midlands) Ltd v Northampton 292
Development Corp, 8 B.L.R. 88; (1976) 237 E.G. 955,
CA (Civ Div)
Baker v Willoughby [1970] A.C. 467; [1970] 2 W.L.R. 50; 484
[1969] 3 All E.R. 1528, HL
Balfour Beatty v DLLR (1996) C.I.L.L. 1143 294
Balfour Beatty Building Ltd v Chestermount Properties Ltd, 322
62 B.L.R. 1; 32 Con. L.R. 139; (1993) 9 Const. L.J. 117,
QBD
Balfour Beatty Construction Ltd v Lambeth LBC [2002] 78
EWHC 597 (TCC); [2002] B.L.R. 288; [2002] T.C.L.R.
25; 84 Con. L.R. 1; (2002) 18 Const. L.J. 405, QBD
Balfour Beatty Regional Construction Ltd v Grove 277
Developments Ltd [2016] EWCA Civ 990; [2017] 1 All
E.R. (Comm) 729; [2017] B.L.R. 1; 168 Con. L.R. 1
Barclays Bank Plc v Fairclough Building Ltd (No.1) [1995] 225, 461
Q.B. 214; [1994] 3 W.L.R. 1057; [1995] 1 All E.R. 289,
CA (Civ Div)
Barclays Bank Plc v Nylon Capital LLP [2011] EWCA Civ 69
826; [2012] 1 All E.R. (Comm) 912; [2012] Bus. L.R.
542; [2011] 2 Lloyd’s Rep 347; [2011] B.L.R. 614, CA
(Civ Div)
Barnett v Chelsea and Kensington Hospital Management 484
Committee [1969] 1 Q.B. 428; [1968] 2 W.L.R. 422;
[1968] 1 All E.R. 1068, QBD
Barr v Biffa Waste Services Ltd [2012] EWCA Civ 312; 475
[2012] 3 W.L.R 795; [2012] 3 All E.R. 380; [2012]
P.T.S.R. 1527; [2012] B.L.R. 275; 141 Con. L.R. 1;
[2012] H.L.R. 28; [2012] 2 P. & C.R. 6; [2012] 2
E.G.L.R. 157; [2012] 13 E.G. 90 (C.S.); (2012) 109(14)
L.S.G. 21; (2012) 156(12) S.J.L.B. 31, CA (Civ Div)
Barrett v Enfield LBC [2001] 2 A.C. 550; [1999] 3 W.L.R. 461
79; [1999] 3 All E.R. 193, HL
Bath and North East Somerset DC v Mowlem Plc [2004] 319, 486
EWCA Civ 115; [2004] B.L.R. 153; 100 Con. L.R. 1;
(2004) 148 S.J.L.B. 265, CA (Civ Div)
Batty v Metropolitan Property Realisations Ltd [1978] Q.B. 44, 172
554; [1978] 2 W.L.R. 500; [1978] 2 All E.R. 445, CA
(Civ Div)
Baxall Securities Ltd v Sheard Walshaw Partnership; sub 464
nom. Blaxhall Securities Ltd v Sheard Walshaw
Partnership [2002] EWCA Civ 9; [2002] B.L.R. 100;
[2002] T.C.L.R. 18; 83 Con. L.R. 164; [2002] Lloyd’s
Rep. P.N. 231; [2002] P.N.L.R. 24; [2002] 1 E.G.L.R.
73; [2002] 17 E.G 158; (2002) 18 Const. L.J. 481; [2002]
5 E.G. 130 (C.S.), CA (Civ Div)
Bayindir v Pakistan ICSID Case No.ARB/03/29 134
Beaufort Developments (NI) Ltd v Gilbert-Ash (NI) Ltd 92
[1999] 1 A.C 266; [1998] 2 W.L.R. 860; [1998] 2 All
E.R. 778, HL (NI)
Beck Interiors Ltd v Russo [2009] EWHC 3861 (TCC); 344
[2010] B.L.R. 37; 132 Con. L.R. 56, QBD
Benedetti v Sawiris [2013] UKSC 50; [2014] A.C. 938; 169
[2013] 3 W.L.R 351; [2013] 4 All E.R. 253; [2013] 2 All
E.R. (Comm) 801; 149 Con. L.R. 1, SC
Berent v Family Mosaic Housing [2012] EWCA Civ 961; 480
[2012] B.L.R 488; [2012] C.I.L.L. 3213, CA (Civ Div)
Beswick v Beswick [1968] A.C. 58; [1967] 3 W.L.R. 932; 165
[1967] 2 All E.R. 1197, HL
Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese 366, 482
GmbH [2008] EWCA Civ 1257; [2009] Q.B. 725; [2009]
3 W.L.R. 324; [2009] Bus. L.R. 696; [2009] B.L.R. 1;
122 Con. L.R. 1; [2009] P.N.L.R. 12; (2008) 152(45)
S.J.L.B. 25, CA (Civ Div)
Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese 366
GmbH [2008] EWHC 6 (TCC); [2008] B.L.R. 155; 118
Con. L.R. 104; [2008] P.N.L.R. 17, QBD

BKMI v Dutco XVIII YB Com. Arb. 140 (1993) 130

Black Clawson International Ltd v Papierwerke Waldhof- 124
Aschaffenburg AG [1981] 2 Lloyd’s Rep. 446; [1981]
Com. L.R. 61, QBD (Comm)
Blackpool and Fylde Aero Club v Blackpool BC [1990] 1 164, 207, 208
W.L.R. 1195; [1990] 3 All E.R. 25; 88 L.G.R. 864, CA
(Civ Div)
Blue Circle Industries Plc v Holland Dredging Co (UK) 291
Ltd, 37 B.L.R. 40, CA (Civ Div)
Blyth & Blyth Ltd v Carillion Construction Ltd, 2002 337
S.L.T. 961; 79 Con. L.R. 142; 2001 G.W.D. 13-473;
(2001) C.I.L.L. 1789, OH
BMBF (No.12) Ltd v Harland & Wolff Shipbuilding & 115
Heavy Industries Ltd [2001] EWCA Civ 862; [2001] 2
All E.R. (Comm) 385; [2001] 2 Lloyd’s Rep. 227, CA
(Civ Div)
Bolam v Friern Hospital Management Committee [1957] 1 300
W.L.R. 582; [1957] 2 All E.R. 118; [1955–95] P.N.L.R.
7, QBD
Bottoms v Mayor of York (1892) 291
Bouygues UK Ltd v Dahl-Jensen UK Ltd [2001] 1 All E.R. 80
(Comm) 1041; [2001] C.L.C. 927; [2000] B.L.R. 522,
CA (Civ Div)
Bovis Lend Lease Ltd v Triangle Development Ltd [2002] 81
EWHC 3123 (TCC); [2003] B.L.R. 31; 86 Con. L.R. 26;
[2003] C.I.L.L. 1939, QBD
Bowman v Fels [2005] EWCA Civ 226; [2005] 1 W.L.R. 19
 3083; [2005] 4 All E.R. 609; [2005] 2 Cr. App. R. 19;
[2005] 2 C.M.L.R. 23; [2005] 2 F.L.R. 247; [2005]
W.T.L.R. 481; [2005] Fam. Law 546; (2005) 102(18)
L.S.G. 24; (2005) 155 N.L.J. 413; (2005) 149 S.J.L.B.
357; [2005] N.P.C. 36, CA
Boys v Chaplin; sub nom. Chaplin v Boys [1971] A.C. 356; 31
[1969] 3 W.L.R. 322; [1969] 2 All E.R. 1085; [1969] 2
Lloyd’s Rep. 487; (1969) 113 S.J. 608, HL
Braes of Doune Wind Farm (Scotland) Ltd v Alfred 125, 319
McAlpine Business Services Ltd [2008] EWHC 426
(TCC); [2008] 1 Lloyd’s Rep. 608; [2008] B.L.R. 321,
QBD
Bremer Vulkan Schiffbau und Maschinenfabrik v South 97, 107
India Shipping Corp Ltd; Gregg v Raytheon; sub nom.
Bremer Vulcan Schiffbau und Maschinenfabrik v South
India Shipping Corp [1981] A.C. 909; [1981] 2 W.L.R.
141; [1981] 2 All E.R. 289, HL
Brennan v Bolt Burdon; sub nom. Brennan v Bolt Burden; 67
Brennan v Islington LBC [2004] EWCA Civ 1017;
[2005] Q.B. 303; [2004] 3 W.L.R. 1321; [2004] C.P.
Rep. 43; (2004) 101(34) L.S.G. 31; (2004) 148 S.J.L.B.
972; [2004] N.P.C. 133, CA (Civ Div)
Brickfield Properties v Newton; Rosebell Holdings v 311
Newton [1971] 1 W.L.R. 862; [1971] 3 All E.R. 328;
(1971) 115 S.J. 307, CA (Civ Div)
British Eagle International Airlines Ltd v Compagnie 343
Nationale Air France [1975] 1 W.L.R. 758; [1975] 2 All
E.R. 390; [1975] 2 Lloyd’s Rep. 43, HL
British Steel Corp v Cleveland Bridge & Engineering Co 162
Ltd [1984] 1 All E.R. 504; [1982] Com. L.R. 54; 24
B.L.R. 94, QBD
Brogden v Metropolitan Railway Co (1876–77) L.R. 2 App. 161
Cas. 666, HL
Brown v Sheen and Richmond Car Sales Ltd [1950] 1 All 160
E.R. 1102; [1950] W.N. 316, KBD
Bryen & Langley Ltd v Boston [2005] EWCA Civ 973; 196
[2005] B.L.R 508, CA (Civ Div)
BSkyB Ltd v HP Enterprise Services UK Ltd (formerly t/a 467
Electronic Data Systems Ltd) [2010] EWHC 86 (TCC);
[2010] B.L.R. 267; 129 Con. L.R. 147; (2010) 26 Const.
 L.J. 289; [2010] C.I.L.L. 2841, QBD
BTP Tioxide v Pioneer Shipping (The Nema). See Pioneer Shipping Ltd v
BTP Tioxide Ltd (The Nema) (No.2)
Buildability Ltd v O’Donnell Developments Ltd [2009] 57
EWHC 3196 (TCC); [2010] B.L.R. 122, QBD
Bulmer Ltd v J Bollinger SA (No.2) [1974] Ch. 401; [1974] 22
3 W.L.R 202; [1974] 2 All E.R. 1226, CA (Civ Div)
Burnie v General Jones (1994) 120 A.L.R. 42 473
Bush v Whitehaven Trustees (1888) 52 J.P. 392 170
Butler Machine Tool Co v Ex-cell-o Corp (England) [1979] 185
1 W.L.R 401; [1979] 1 All E.R. 965; (1977) 121 S.J.
406, CA (Civ Div)
Bybrook Barn Garden Centre Ltd v Kent CC; sub nom. 479
Bybrook Barn Centre Ltd v Kent CC [2001] B.L.R. 55;
[2001] Env. L.R. 30; (2001) 3 L.G.L.R. 27, CA (Civ
Div)
C v D [2007] EWCA Civ 1282; [2008] 1 All E.R. (Comm) 126
1001; [2008] Bus. L.R. 843; [2008] 1 Lloyd’s Rep. 239;
[2008] C.P. Rep. 11; [2007] 2 C.L.C. 930; 116 Con. L.R.
230, CA (Civ Div)
Cable & Wireless Plc v IBM United Kingdom Ltd; sub 66
nom. Cable & Wireless Plc v IBM UK Ltd [2002]
EWHC 2059 (Comm); [2002] 2 All E.R. (Comm) 1041;
[2002] C.L.C. 1319; [2003] B.L.R. 89; [2002] Masons
C.L.R. 58; (2002) 152 N.L.J. 1652, QBD
Calderbank v Calderbank [1976] Fam. 93; [1975] 3 W.L.R. 58
586; [1975] 3 All E.R. 333, CA (Civ Div)
Callery v Gray (No.1); Russell v Pal Pak Corrugated Ltd 57
(No.1); sub nom. Callery v Gray (No.2); Callery v Gray
(Nos.1 and 2) [2002] UKHL 28; [2002] 1 W.L.R. 2000;
[2002] 3 All E.R. 417; [2002] 2 Costs L.R. 205; [2003]
R.T.R. 4; [2003] Lloyd’s Rep. I.R. 203; [2002] P.I.Q.R.
P32; (2002) 152 N.L.J. 1031, HL
Cambridge Water Co Ltd v Eastern Counties Leather Plc; 472
Cambridge Water Co Ltd v Hutchings & Harding Ltd
[1994] 2 A.C. 264; [1994] 2 W.L.R. 53; [1994] 1 All
E.R. 53, HL
Camdex International Ltd v Bank of Zambia (No.1) [1998] 333
Q.B. 22; [1996] 3 W.L.R. 759; [1996] 3 All E.R. 431,
CA (Civ Div)
Cameron v Mowlem. See A Cameron Ltd v John Mowlem & Co Plc
Cammell Laird & Co Ltd v Manganese Bronze & Brass Co 313
Ltd [1934] A.C. 402; (1934) 48 Ll. L. Rep. 209, HL
Campbell v Peter Gordon Joiners Ltd [2016] UKSC 38; 147
[2016] A.C 1513; [2016] 3 W.L.R. 294; 2016 S.L.T. 887;
2016 S.C.L.R. 434; [2016] 2 B.C.L.C. 287; [2016] I.C.R.
862; [2016] Lloyd’s Rep. I.R. 591; [2016] P.I.Q.R. P15;
2016 G.W.D. 21-380, SC
Candlewood Navigation Corp v Mitsui Osk Lines (The 458
Mineral Transporter and The Ibaraki Maru) [1986] A.C.
1; [1985] 3 W.L.R 381; [1985] 2 All E.R. 935, PC (Aus)
Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC); 80
[2008] B.L.R. 250; [2008] C.I.L.L. 2564, QBD
Caparo Industries Plc v Dickman [1990] 2 A.C. 605; [1990] 458
2 W.L.R 358; [1990] 1 All E.R. 568, HL
Capital Structures Plc v Time & Tide Construction Ltd 200
[2006] EWHC 591 (TCC); [2006] B.L.R. 226; [2006]
C.I.L.L. 2345, QBD
Carillion Construction Ltd v Felix (UK) Ltd [2001] B.L.R. 199
1; 74 Con. L.R. 144, QBD (TCC)
Carlill v Carbolic Smoke Ball Co [1893] 1 Q.B. 256, CA 161
Carlton Contractors v Bexley Corp, 60 L.G.R. 331; (1962) 240
106 S.J. 391
Cartledge v E Jopling & Sons Ltd [1963] A.C. 758; [1963] 487
2 W.L.R. 210; [1963] 1 All E.R. 341, HL
Caterpillar (NI) Ltd (formerly FG Wilson (Engineering)
Ltd) v John Holt & Co (Liverpool) Ltd. See FG Wilson
(Engineering) Ltd v John Holt & Co (Liverpool) Ltd
Cave v Robinson Jarvis & Rolf; sub nom. Robinson Jarvis 227, 489
& Rolf v Cave; Cave v Robinson Jarvis & Rolfe [[2002]
UKHL 18; [2003] 1 A.C. 384; [2002] 2 W.L.R. 1107;
[2002] 2 All E.R. 641; [2003] 1 C.L.C. 101; 81 Con. L.R.
25; [2002] P.N.L.R. 25; [2002] 19 E.G. 146 (C.S.);
(2002) 99(20) L.S.G. 32; (2002) 152 N.L.J. 671; (2002)
146 S.J.L.B. 109, HL
Chandler Bros v Boswell [1936] 3 All E.R. 179 171
Channel Tunnel Group Ltd v Balfour Beatty Construction 65
Ltd; France Manche SA v Balfour Beatty Construction
Ltd [1993] A.C. 334; [1993] 2 W.L.R. 262; [1993] 1 All
 E.R. 664, HL
Chappell v United Kingdom (A/152); sub nom. Chappell v 26
United Kingdom (10461/83) (1990) 12 E.H.R.R. 1;
[1989] 1 F.S.R. 617, ECHR
Charles Rickards Ltd v Oppenheim; sub nom. Rickards 214, 271
(Charles) v Oppenhaim [1950] 1 K.B. 616; [1950] 1 All
E.R. 420; 66 T.L.R. (Pt. 1) 435, CA
Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; 259, 260
[2009] 1 A.C. 1101; [2009] 3 W.L.R. 267; [2009] 4 All
E.R. 677; [2010] 1 All E.R. (Comm) 365; [2009] Bus.
L.R. 1200; [2009] B.L.R. 551; 125 Con. L.R. 1; [2010] 1
P. & C.R. 9; [2009] 3 E.G.L.R. 119; [2009] C.I.L.L.
2729; [2009] 27 E.G. 91 (C.S.); (2009) 153(26) S.J.L.B.
27; [2009] N.P.C. 87; [2009] N.P.C. 86, HL
Chattan Developments Ltd v Reigill Civil Engineering 319
Contractors Ltd [2007] EWHC 305 (TCC)
Chermar v Pretest (1992) 8 Cost. L.J. 44 496
Christopher Brown Ltd v Genossenschaft Oesterreichischer 111
Waldbesitzer Holzwirtschaftsbetriebe GessmbH [1954] 1
Q.B. 8; [1953] 3 W.L.R 689; [1953] 2 All E.R. 1039,
QBD
CIB Properties Ltd v Birse Construction Ltd [2004] EWHC 84, 395
2365 (TCC); [2005] 1 W.L.R. 2252; [2005] B.L.R. 173,
QBD
City Inn Ltd v Shepherd Construction Ltd, 2003 S.L.T. 885; 318, 322
2003 S.C.L.R 795; [2003] B.L.R. 468, IH (2 Div)
City of London Corp v Bovis Construction Ltd [1992] 3 All 513, 514
E.R. 697; 49 B.L.R. 1; 84 L.G.R. 660, CA (Civ Div)
City of Moscow v Bankers Trust Company. See
Department of Economic Policy and Development of the
City of Moscow v Bankers Trust Co
Clay v AJ Crump & Sons Ltd [1964] 1 Q.B. 533; [1963] 3 310, 311
W.L.R. 866; [1963] 3 All E.R. 687, CA
COD Hyde Ltd v Space Change Management Ltd [2016] 148
EWHC 820 (Ch); [2016] B.L.R. 373; [2016] T.C.L.R. 5;
[2016] C.I.L.L. 3817, Ch D
Cofely Ltd v Bingham [2016] EWHC 240 (Comm); [2016] 75, 105
2 All E.R (Comm) 129; [2016] B.L.R. 187; 164 Con.
L.R. 39; [2016] C.I.L.L. 3801, QBD
Colls v Home & Colonial Stores Ltd; sub nom. Home & 498
 Colonial Stores Ltd v Colls [1904] A.C. 179, HL
Commission of the European Communities v Ireland 206
(45/87); sub nom. Dundalk Water Supply Scheme, Re
(No.3) (45/87) [1988] E.C.R. 4929; 44 B.L.R. 1; [1989]
1 C.M.L.R. 225, ECJ
Commission of the European Communities v United 528
Kingdom (C-127/05) [2007] All E.R. (EC) 986; [2007] 3
C.M.L.R. 20; [2007] I.C.R. 1393, ECJ (3rd Chamber)
Commissioner for Main Roads v Reed & Stuart Pty Ltd, 12 291
B.L.R. 55; (1974) 48 A.L.J.R. 460, HC (Aus)
Compass Group UK and Ireland Ltd (t/a Medirest) v Mid 163, 164
Essex Hospital Services NHS Trust [2012] EWHC 781
(QB); [2012] 2 All E.R (Comm) 300, QBD
Conquer v Boot [1928] 2 K.B. 336, KBD 43
Conway v George Wimpey & Co Ltd (No.1) [1951] 1 All 482
E.R. 56; [1951] 1 T.L.R. 215; [1951] W.N. 27, CA
Cooperative Insurance Society Ltd v Henry Boot (Scotland) 359
Ltd [2002] EWHC 1270 (TCC); 84 Con. L.R. 164;
(2003) 19 Const. L.J. 109, QBD
Cooperative Retail Services Ltd v Taylor Young 249
Partnership Ltd; Cooperative Retail Services Ltd v Hoare
Lea & Partners; Cooperative Retail Services Ltd v
Carillion Construction Ltd (formerly Tarmac
Construction (Contracts) Ltd); Cooperative Retail
Services Ltd v East Midlands Electricity Electrical
Installations Services Ltd (t/a Hall Electrical) (In
Liquidation) [2002] UKHL 17; [2002] 1 W.L.R. 1419;
[2002] 1 All E.R. (Comm) 918; [2003] 1 C.L.C. 75;
[2002] B.L.R. 272; [2002] T.C.L.R. 9; 82 Con. L.R. 1;
[2002] Lloyd’s Rep. I.R. 555, HL
Copthorne Hotel (Newcastle) Ltd v Arup Associates 358
(No.2), 85 B.L.R. 22, CA (Civ Div)
Corby Group Litigation Claimants v Corby BC [2008] 476
EWCA Civ 463; [2009] Q.B. 335; [2009] 2 W.L.R. 609;
[2009] 4 All E.R. 44; [2008] C.P. Rep. 32; [2008] B.L.R.
411; [2009] Env. L.R. 2; [2008] P.I.Q.R P16; [2008]
C.I.L.L. 2597; [2009] J.P.L. 64; [2008] 19 E.G. 204
(C.S.); (2008) 152(21) S.J.L.B. 32; [2008] N.P.C. 58, CA
(Civ Div)
Cosslett (Contractors) Ltd, Re; sub nom. Clark 343
(Administrator of Cosslett (Contractors) Ltd) v Mid
Glamorgan CC [1998] Ch. 495; [1998] 2 W.L.R. 131;
[1997] 4 All E.R. 115, CA (Civ Div)
Costain Ltd v Bechtel Ltd [2005] EWHC 1018 (TCC); 293
[2005] T.C.L.R. 6, QBD
Costello v MacDonald. See MacDonald Dickens & Macklin
v Costello
Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 475
13; [2014] A.C. 822; [2014] 2 W.L.R. 433; [2014] 2 All
E.R. 622; [2014] P.T.S.R 384; [2014] B.L.R. 271; 152
Con. L.R. 1; [2014] Env. L.R. 25; [2014] H.L.R. 21;
[2014] 2 P. & C.R. 2; [2014] 1 E.G.L.R. 147; [2014]
L.L.R. 423; (2014) 158(9) S.J.L.B. 37, SC
Cramaso LLP v Viscount Reidhaven’s Trustees [2014] 199
UKSC 9; [2014] A.C. 1093; [2014] 2 W.L.R. 317;
[2014] 2 All E.R. 270; [2014] 1 All E.R. (Comm) 830;
2014 S.C. (U.K.S.C.) 121; 2014 S.L.T. 521; 2014
S.C.L.R. 484; (2014) 158(7) S.J.L.B. 37, SC
Crosby & Sons Ltd v Portland Urban DC, 5 B.L.R. 121, 37, 38
QBD
Crown Estate Commissioners v John Mowlem & Co Ltd, 96
70 B.L.R. 1; 40 Con. L.R. 36; (1994) 10 Const. L.J. 311,
CA (Civ Div)
Crown House Engineering v Amec Projects, 48 B.L.R. 32; 170
(1990) 6 Const. L.J. 141, CA (Civ Div)
CRW v PT Perusahaan TBK [2011] S.G.C.A. 33 68, 452
Cundall Johnson & Partners LLP v Whipps Cross 53
University Hospital NHS Trust [2007] EWHC 2178
(TCC); [2007] B.L.R. 520; [2008] T.C.L.R. 1; 115 Con.
L.R. 125; [2007] C.I.L.L. 2516, QBD
Curtis v Chemical Cleaning & Dyeing Co [1951] 1 K.B. 193
805; [1951] 1 All E.R. 631; [1951] 1 T.L.R. 452, CA
D&F Estates Ltd v Church Commissioners for England 253, 254, 458,
[1989] A.C. 177; [1988] 3 W.L.R. 368; [1988] 2 All E.R. 460, 468, 488
992, HL
Dalmia Cement Ltd v National Bank of Pakistan [1975] 138
Q.B. 9; [1974] 3 W.L.R. 138; [1974] 3 All E.R. 189,
QBD (Comm)
Damond Lock Grabowski v Laing Investments (Bracknell) 102
 Ltd, 60 B.L.R. 112, QBD
Darley Main Colliery Co v Mitchell; sub nom. Mitchell v 44, 477
Darley Main Colliery Co (1886) L.R. 11 App. Cas. 127,
HL
Darlington BC v Wiltshier Northern Ltd [1995] 1 W.L.R. 167, 336
68; [1995] 3 All E.R. 895; [1994] C.L.C. 691, CA (Civ
Div)
Daventry DC v Daventry and District Housing Ltd [2011] 269
EWCA Civ 1153; [2012] 1 W.L.R. 1333; [2012] 2 All
E.R. (Comm) 142; [2012] Bus. L.R. 485; [2012] Pens.
L.R. 57; [2012] 1 P. & C.R. 5; [2011] 42 E.G. 120 (C.S.),
CA (Civ Div)
Davis Contractors v Fareham Urban DC [1956] A.C. 696; 170
[1956] 3 W.L.R. 37; [1956] 2 All E.R. 145, HL
Dawnays Ltd v FG Minter Ltd and Trollope & Colls Ltd 295
[1971] 1 W.L.R. 1205; [1971] 2 All E.R. 1389; [1971] 2
Lloyd’s Rep. 192, CA (Civ Div)
Delaware Mansions Ltd v Westminster City Council; sub 479
nom. Flecksun Ltd v Westminster City Council [2001]
UKHL 55; [2002] 1 A.C. 321; [2001] 3 W.L.R. 1007;
[2001] 4 All E.R. 737; [2002] B.L.R. 25; [2002]
T.C.L.R. 8; 79 Con. L.R. 39; [2002] B.L.G.R. 1; [2001]
44 E.G. 150 (C.S.); (2001) 98(45) L.S.G. 26; (2001) 151
N.L.J. 1611; (2001) 145 S.J.L.B. 259; [2001] N.P.C. 151,
HL
Department of Economic Policy and Development of the 123
City of Moscow v Bankers Trust Co; sub nom.
Department of Economics, Policy and Development of
the City of Moscow v Bankers Trust Co; Moscow City
Council v Bankers Trust Co [2004] EWCA Civ 314;
[2005] Q.B. 207; [2004] 3 W.L.R. 533; [2004] 4 All E.R.
746; [2004] 2 All E.R. (Comm) 193; [2004] 2 Lloyd’s
Rep. 179; [2004] 1 C.L.C. 1099; [2004] B.L.R. 229;
(2004) 148 S.J.L.B. 389, CA
Deutsche Schachtbau- und Tiefbohrgesellschaft mbH v Ras 116
Al-Khaimah National Oil Co; Deutsche Schachtbau- und
Tiefbohrgesellschaft mbH v Ras Al-Khaimah National
Oil Co (Garnishee Proceedings); Deutsche Schachtbau-
und Tiefbohrgesellschaft mbH v Shell International
Petroleum Co Ltd (Nos.1 and 2); sub nom. DST v Rakoil
 [1990] 1 A.C 295; [1988] 3 W.L.R. 230; [1988] 2 All
E.R. 833, HL
Dimes v Grand Junction Canal Proprietors, 10 E.R. 301; 14, 16
(1852) 3 H.L Cas. 759, HL
Discain Project Services Ltd v Opecprime Development 77
Ltd (Application for Summary Judgment) [2000] B.L.R.
402; (2001) 3 T.C.L.R. 16, QBD (TCC)
Discain Project Services Ltd v Opecprime Development 78
Ltd (No.2) [2001] B.L.R. 285; (2001) 3 T.C.L.R. 17; 80
Con. L.R. 95, QBD (TCC)
Dobson v Thames Water Utilities Ltd [2007] EWHC 2021 461
(TCC); [2008] 2 All E.R. 362; [2007] B.L.R. 465; [2007]
T.C.L.R. 7; 116 Con. L.R 135; [2008] Env. L.R. 21;
[2007] H.R.L.R. 45; [2007] C.I.L.L. 2518; [2007] N.P.C.
102, QBD
Dodd Properties (Kent) Ltd v Canterbury City Council 220
[1980] 1 W.L.R 433; [1980] 1 All E.R. 928; 13 B.L.R.
45, CA (Civ Div)
Dolling-Baker v Merrett [1990] 1 W.L.R. 1205; [1991] 2 122
All E.R. 890; (1990) 134 S.J. 806, CA (Civ Div)
Domsalla (t/a Domsalla Building Services) v Dyason 196
[2007] EWHC 1174 (TCC); [2007] B.L.R. 348; [2007]
T.C.L.R. 5; 112 Con. L.R. 95; [2007] C.I.L.L. 2501,
QBD
Donoghue v Stevenson; sub nom. McAlister v Stevenson 456, 458, 459,
[1932] A.C. 562; 1932 S.C. (H.L.) 31; 1932 S.L.T. 317, 460, 483
HL
Doosan Babcock Ltd v Comercializadora de Equipos y 347
Materiales Mabe Lda (formerly Mabe Chile Lda) [2013]
EWHC 3201 (TCC); [2014] B.L.R. 33, QBD
Drake v Harbour [2008] EWCA Civ 25; 121 Con. L.R. 18; 464
[2008] N.P.C 11, CA (Civ Div)
Drake & Scull Engineering Ltd v Higgs & Hill Northern 181
Ltd (1995) 11 Const. L.J. 214, QBD (OR)
Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co 318, 320
Ltd [1915] A.C. 79, HL
Dunnett v Railtrack Plc [2002] EWCA Civ 303; [2002] 1 55
W.L.R. 2434; [2002] 2 All E.R. 850; [2002] C.P. Rep.
35; [2002] C.P.L.R. 309; (2002) 99(16) L.S.G. 37, CA
Dutton v Bognor Regis Urban DC [1972] 1 Q.B. 373; 253, 456, 457,
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 "No, there's not much honesty or justice in him. And I dare say you
wondered why he was going."

"I wondered certainly."

"I'll tell you. He's going to be married, and he couldn't dare to be

married here, because he knew that he'd got me to reckon with. So he's
planned it on the quiet, and he'll disappear presently no doubt; and then
somebody else will disappear too. And that's Dinah Waycott."

Mr. Stockman was much agitated.

"Good powers! D'you know what you're saying, John?" he asked.

"Very well indeed. And I'll tell you how it was; but I don't want
Maynard to know his dirty job be found out, and I'll beg you to keep dumb
about it till things are a bit forwarder. I can get forty shillings or a month
out of him, and give him a damned good hiding and disgrace him for his
underhand, blackguard conduct—stealing another man's girl—but I want to
do a bit more than that if it's in my power. And so long as you're not on his
side no more, you'll be the best one to help me. I'd do a lot to break this off
and punish Dinah, same as she punished me; and why not? She deserves it
quite so well as him."

"Begin at the beginning," said Joe. "Tell me what you know. I'm your
side without a doubt in this matter. There's a lot hid here you don't
understand, and, for the credit of human nature, I hope you're wrong. This
may be something that you've given ear to, out of ill feeling against Orphan
Dinah. You must be terrible sure of your ground, for there's very good
reasons why you ought to be mistaken. But if you're right, then you be the
tool of Providence and it's well you came to me."

Johnny, who had learned everything from Jane, told the story with only
one addition contrary to facts. Jane lied in a minor particular and concealed
the incident of looking into Dinah's letter. Instead she declared that she had
hidden herself, and watched, and seen Maynard come for the letter and
leave another on the following evening in late dusk. The conclusion
amounted to the same thing.
 Joe was deeply impressed.

"I always held him a bit sly," he said, "and I've lived to find him
ungrateful and hard-hearted where I'd every right to expect something very
different. He struck me at the very moment when a decent man would have
scorned to do so, with all my own troubles thick upon me. But this is
something a lot deeper than his conduct to me, and even a lot worse."

"I'm glad you think so," answered John. "I'm very glad you see he's a
secret, cowardly sort of one. He kindiddled Dinah away from me no doubt;
and very like it is Providence, as you say; and if you don't think he ought to
marry her, then I hope you'll help me to prevent it."

Johnny felt exalted. He had not expected much from his visit to his
kinsman; he had even feared that Joe might already know the facts and
attach no importance to them; but it seemed that Mr. Stockman was quite of
John's opinion. Indeed he declared so.

"I certainly think they ought not to marry," he answered. "And I think a
great deal more than that. Keep your mouth shut close for the present.
There's plenty of time—unless."

"When's the man going?"

"No date be fixed."

"My mother was put out when Dinah went off a bit ago. She got the
idea from Jane that Dinah had gone to be married then. But when they taxed
her, she swore she had not."

"She couldn't tell a lie if she was paid to," declared Mr. Stockman, "and
Maynard certainly weren't in that, because he was here and I saw him every
day about his business. We must rest the blame on the right pair of
shoulders. And it'll break 'em without a doubt. But we'd best to go careful.
Don't you take a step alone. How many know?"

"Only Jane and Jerry and me."

 "Maynard don't suspect?"

"Neither of 'em—they couldn't."

"Then tell your sister and Withycombe to keep dumb as mice for the
minute; and so will I. This is a very serious thing indeed—and a great shock
to me. To think he was that sort!"

John was pleased but mystified. He failed to see why this event should
make so tremendous an impression on Mr. Stockman.

"I'm very glad you think it is so bad," he said. "I was in a bit of doubt if
you'd take my side."

"As to sides," answered Joe, "I'm going to take the side of right, which
is no more than to say I'll do my duty. And that looks pretty clear. I dare say
you are a bit astonished, but understand me. I'm not making your quarrel
mine, and I don't hold at all with your talk about forty shillings or a month
out of Lawrence Maynard. This goes a very great deal deeper than forty
shillings or a month, I may tell you. I'll say no more for the minute; but I
shan't do naught till I've seen you again. Only keep this in mind: Maynard
ain't planning this hookem snivey job and doing it all in secret, because he's
afraid of you, but because he's afraid of me."

Johnny became more and more puzzled. It was clear, however, that he
had won a powerful friend and might now hope to strike a harder stroke
than any with his fist.

"So long as you be going to queer the man's pitch, and punish him, and
get Dinah away from him, I don't care a damn," he said. "If Dinah finds out;
but perhaps he's made her think——"

"Yes; he's made her think a lot, and he's told her a great many dark and
devilish falsehoods—that's very clear indeed," answered Joe.

"And if her eyes be opened, she may come back to sense yet!" cried the
sanguine youth. "Shame will show her the truth perhaps."
 Mr. Stockman did not answer. He was occupied with his own
reflections.

"This shakes me to the vitals," he declared presently. "I thought I knew

pretty well all there was to that man; and I knew less than naught. If
anybody had said he was a wicked scoundrel, I'd have denied and defied it;
but——"

They had descended from the Beacon and were walking on the
Buckland road. Then Joe stopped.

"You go your way now," he said, "and leave me to put this together. You
do naught and I'll do naught for the minute. But there may not be any too
much time. He was going at Michaelmas. 'Tis certain now that's a blind.
He'll take French leave presently and we've got to be before him. Come to
supper o' Wednesday, John. Then us'll see how it looks. That poor woman—
as honest a creature as ever stepped."

"If he's up to any tricks——"

"He is, by God! Now I'll leave you. And be so silent as the grave till you
see me again."

Deeply wondering and greatly rejoicing at his success, John Bamsey

went down the hill, while Mr. Stockman turned and slowly ascended. His
excitement gave way to listlessness presently, for this discovery and the
subsequent sensation could not advance Joe's own problems. He considered
for a moment whether any course existed by which advantage could accrue
to himself out of Maynard's position; but he saw none.

A trap from Ashburton descended, flashing its lights through the leafy
darkness of the road; and when the ray illuminated Mr. Stockman, he heard
a woman's voice bid the driver pull up. It was Mrs. Honeysett who spoke,
and she seized an opportunity to relieve the existing painful conditions. For
she had not seen Joe since she declined him; but here was an excuse and she
took it.
 "You'll be wondering what I'm doing at this time of night," she said,
"but I can't pass you."

Then she alighted and a man alighted with her.

"Just been to Ashburton to meet my brother, Robert," she explained.

"You remember him. He's home for a bit at last."

A huge figure towered in the gloom over Joe and a heavy hand grasped
his own.

"I remember you," said the farmer, "but I forgot you were such a
whacker. Sailed all the Seven Seas, I suppose, since you was last to
Buckland?"

"He's two inches taller than what dear father was," declared Melinda,
relieved to find Mr. Stockman in a humour apparently amiable. "Robert's
going to take a nice rest along with me. In fact he doubts sometimes if he'll
go back to sea at all."

"No, no—I don't doubt that," answered the sailor. "But I be going to
give work a rest."
 "And find a wife, if he can," continued Melinda. "Us must help him,
Joe."

"I always swore as I'd marry a maiden from the Vale," said Robert
Withycombe.

"The puzzle will be to find one, I tell him," laughed Melinda "I know a
likely girl all the same, and so does Mr. Stockman, Bob."

Joe guessed to whom she referred, and it showed him that Melinda
knew nothing of the threatened tragedy.

"I reckon you mean Orphan Dinah," he said. "Well and why not? A very
sensible young woman. The man that gets her will be lucky."

"They'd be a proper pair and I hope Bob will think well of her. But he
must be warned that she's already changed her mind in one quarter."

"That's not against her," replied Joe. "That shows strength of character
and she had every right to do so. I only hope I know another woman who'll
be wise enough to change her mind."

Before this veiled attack, Melinda was silent and Robert spoke.

"My girl, when she comes along, won't have no time to change her
mind. She've got to marry me and be quick about it. Then us must find a
little house to Southampton, or else Plymouth."

Stockman, with certain ideas moving in his head, issued an invitation.

"Perhaps you'll be in luck—who knows? I'd pleasure you for your

sister's sake, because she and me are very good friends, and I hope always
will be. You come to supper o' Wednesday, Robert, and bring Jerry along
with you. I don't ax you, Melinda—not this time. I want to have a tell with
your brothers; mind you make 'em come."

"Come and welcome," promised Robert, while his sister wondered what
might be behind this invitation. They parted; the trap with the sailor and his
kit-bag rolled down the hill and Joe proceeded home. He was gloomy and
his thoughts concerned themselves with Melinda, but not hopefully. All had
changed with her refusal. Even if she did, indeed, find herself in a mood to
accept him on another invitation, it would never be the same to Mr.
Stockman. He did not care for her enough to let any future 'yes' make him
forget the grave rebuff already suffered. Indeed he did not very much want
her now. Like a skeleton between them must ever persist the recollection of
her refusal. He only realised the attractive features of the old arrangement at
the moment when it was about to end, and he still smouldered with intense
heat when he reflected on his daughter's marriage. In the light of this
evening's revelation he was disposed to add another sin to those upon the
head of Lawrence Maynard. It occurred to him that the cowman might have
had a hand in Susan's romance and urged Thomas forward upon his hateful
course. He began to be convinced that Lawrence had inspired Thomas,
possibly for private ends hidden from Joe. He suspected that these men had
made a cat'spaw of him, and since Thomas was certainly not equal to any
such task single-handed, to the subtler Maynard might chief blame be
assigned.

He found himself hating Maynard and taking grim satisfaction in the

thought Lawrence had over-reached himself. Here, at any rate, was an outlet
for Mr. Stockman's pent-up indignation. One man should have justice at his
hands, and if the downfall of Maynard indirectly smote Palk, or even
changed his determination, so much the better. Joe indeed always hoped
that something might happen even at the last moment to upset the marriage
of Susan, and he would have stuck at no reasonable means of doing so. He
had assured himself long ago that, for her own sake, such a step must be
taken if the least opportunity occurred.

CHAPTER XXXIV

AN OFFER
 Now force was ranged against force, and while Dinah and Lawrence
Maynard matured the final details of their exodus, half a dozen men had
become aware of their secret enterprise and were concerned to upset it in
the name of right. Only the manner of doing so offered material for
argument. The situation was reached on the Wednesday night of Joe's
supper party, for when John Bamsey duly arrived to learn the secret, he was
surprised to find Jerry Withycombe and his brother, Robert, also of the
company. Mr. Stockman had so far accepted the inevitable that his friends
might discuss Susan's approaching wedding in his presence, and to-night
Robert Withycombe chaffed Mr. Palk and Susan while he ate. Presently,
indeed, he drank to their united bliss and challenged the rest of the company
to do so. Thomas was gratified and Susan felt much moved to see her father
humbly drink the toast with the rest. Then the diplomatic Joe asked Robert
if he had called at Green Hayes, and what he thought of Jerry's future wife.

Robert praised Jane very heartily.

"She's a bowerly piece," he said, "and clever as they make 'em. What
the devil she finds in this chap I can't guess; but love's blind no doubt. I
shall see 'em hitched up afore I go."

"And yourself, too, by all accounts," said Mr. Palk.

"'Tis odds he won't find nobody good enough," declared Jerry. "He
fancies himself something cruel, because he's sailed pretty near round the
world."

"There's one good enough for any living man at Green Hayes," asserted
Mr. Stockman. "Have you seen Orphan Dinah, Robert?"

"I have, and I ain't wishful to talk on that subject in public—not yet,"
answered the sailor guardedly.

"He's hit—he's hit!" cried Joe. Then he remembered that Johnny was
present and turned with a great show of innocence to Maynard, who took
his supper with the rest.
 "Here's a man that knows Dinah Waycott, and have took a walk or two
with her for that matter. And a very clever man too, and I'm terrible sorry
he's going to leave me. What would you say of Orphan Dinah, Lawrence?"

Maynard was unruffled.

"Lucky the man who gets her," he answered; "she's one in a thousand."

The talk ranged and John grew more and more impatient to know when
vital matters would be reached; but he perceived that Mr. Stockman could
not speak before the company. After supper Maynard disappeared and then,
when his daughter had cleared away, Joe beckoned John and took him
outside.

"I don't trust my family circle in this matter," he said, "and so we'll light
our pipes and go out. 'Tis a moony night and to walk a mile after supper is a
very good rule, thought I don't practise it. Call them two men. They've got
to know so well as you."

In ten minutes Thomas and Susan had Falcon Farm to themselves, while
Joe, with John and the Withycombe brothers, strolled through a still and
moonlit night.

Then he told them that Lawrence was married, and had run away from
his wife.

"That's how we stand, neighbours. Maynard's a secret sort of man in

most of his dealings, but when he came here, he found me not lacking in
friendship, and he told me that much about himself. And I thought the better
of him for it; because it's often the wisest and properest thing that parties
can do, to put a few leagues between self and partner, if marriage be
poisoning 'em both. He weren't to blame for that, so far as I can tell; indeed,
I upheld the man in his action; but now the case is altered, and we may be
pretty sure the fault was his and some innocent creature have already
suffered at his hands. And there's no reason why another should.

"It's all clear enough now. He remembered, no doubt, that he'd told me
his secret, and so he's running this job on the quiet and have doubtless
forged good reasons for Dinah's ear why they should bolt presently, instead
of proclaiming the thing like decent people would. It's because Maynard be
married that he's doing this; and now good chance puts the secret into the
hands of honest men and we must act according. I always leave a rogue to
Providence myself, and never yet found I could do anything better than
what Providence done; but in this case there's a victim, and the victim can
be saved, thank God."

They talked and poured their indignation into the moonlight. Johnny
abounded in drastic suggestions. He desired, above all, to face Maynard
with Dinah, then let her hear the truth and beat the cowman before her. But
one, who as yet knew the least of Dinah, raised a question.

"How if he's told her and she's willing to chance it and don't care?"
asked Robert.

Mr. Stockman protested.

"You little understand the sort she is. She'd die rather than sink to such a
deed. No; he's caught her with a parcel of lies, and he merits a pretty good
punishment no doubt. You might say the loss of her will be punishment
enough; but there's more to it than that I dare say."

"By God, yes!" vowed Johnny.

"If he's catched and headed off in time, the law can't touch him," said
Robert.

"Then 'tis for us to take the law in our own hands," added Johnny, "and
we will."

Joe warned him.

"All in good time," he answered. "It's life or death for Dinah, and
therefore we be called to act; but what we shall do and how we shall both
save her and be evens with this rogue will take some planning. Rough
justice must be done I grant. He must have rope enough to hang himself
with, and he must get the surprise of his life presently; but we must be
clever, else we'll spoil all. I've got ideas, but he's a downy chap and nobody
must do anything to make him smell a rat."

They abounded in suggestions and Johnny pointed a danger.

"While we're talking and planning," he said, "they may give us the slip
any night and be out of reach and vanished off the earth so far as we're
concerned. And I say this: 'tis time we knowed what was in their letters.
They be keeping apart very clever indeed, so as nobody should link up their
names, though my sister always swore they was up to something; but they
write, and Jane has watched Dinah go up for a letter more'n half a dozen
times; and now it's time we know what's doing, else we'll get left."

"To look into a knave's letters to frustrate his tricks be no crime, I

reckon," admitted Robert Withycombe. "What d'you say, Mr. Stockman?"

They all agreed that to read the secret correspondence was permissible,
for Dinah's sake. Indeed Joe held that this had become a duty.

Robert expressed sorrow for her; but he knew the situation with respect
to John Bamsey and did not, therefore, say much. His own emotions to
Dinah, if any had been yet awakened, cooled rapidly. He had no mind to
seek a maiden so much involved.

They parted presently; but John was going to tell Jane the truth that
night, and impose upon her the task of reading letters when she could, to
gather what definite information of Maynard's plans they might contain.

"I hate for Jane to do anything so mean," declared Jerry, "but I see it did
ought to be done."

"It ain't mean, my son; it's for the sake of justice, and to come between
Dinah and living death," explained Joe.

Then the younger men went their way to Buckland, and John, leaving
the brothers there, started for home. He passed Maynard on the way and
guessed that he had left, or brought, a letter. Much he longed to challenge
him, and fully he intended to play an active part in the future proceedings;
but he hid his secret knowledge, and said 'Good night' and passed down the
hill, while the unsuspecting cowman, who had just posted a letter to Dinah,
responded with friendly voice.

But Maynard did not overtake his master, and hearing Tom's slow voice
droning in the kitchen with thin interjections from Soosie-Toosie, he retired
on returning home.

Indeed matters of some moment for Joe awaited him, for the time
brought his thoughts sharply back to himself. Susan hastened to pour out his
evening drink when he came back, and Thomas, who always rose to his feet
when his master entered the kitchen, now asked if he might be permitted to
say a few words.

He spoke and Susan fluttered about in the background, while Joe

listened and sipped from a glass of spirits and water.

"You see things be risen to a crisis," began Tom, "and I feel very much
that the time's ripe for an understanding. It's mournful to keep on like this,
and to-day, by the post, there came a very fine offer of work for me to a
gentleman's farm nigh Exeter. Everything done regardless, and good money
and a cottage. So now's the appointed time to speak, and Susan and me feel
very wishful to pleasure you, and we've come by an idea."

"Go on then. It don't much matter putting your ideas before me, as I'm
not axed to influence them. You'll do as you want to do."

"No," said Thomas; "in reason we want to do your will if it can be done.
You've been very harsh of late, master, and, of course, I can well understand
your feelings about losing Susan. But I never shall see why you was so
cruel rude about it. You may treat people like dirt, if you do it kindly, and
they won't mind; but if you call 'em dirt, then they get a bit restive; and
restive I've got, and so have she. But here it is—an offer in a very friendly
spirit; and we haven't come to it without a lot of thinking and balancing the
bright side against the dark. And, on the whole, for Susan and me it's a
bright thought, and we hope you may think so too."
 "But there's one little thing, father," began Susan, and Mr. Palk stopped
her.

"Leave all to me," he said, "I'll set it out. There's several little things for
that matter, and if the master don't see his way, so be it. First, there's what
we be offering, and next there's the conditions to set against it. And we offer
to stop after we'm married and to go on just as usual. As a son-in-law I
know you've got no use for me; but as a hossman, you've been suited. And
as a hossman I'll willingly bide and do all I know regular and steadfast for
the same money as I'm getting now. And I pray God, if that happened, you'd
come to find me a good son-in-law likewise. And that means your darter
bides at your right hand so long as you want her there. And I'll go farther
than that. I'll say if at any time in the next five years you take a wife and
want us away, we'll go."

"I wish it too, with all my heart, father," declared Susan. "I'd be lost
away from you, and worriting all the time to know whose hands you were
got in. And marrying Thomas won't make no difference, except there'll be
two to think about you instead of one."

Mr. Stockman puffed his pipe and showed by no expression that he

appreciated the proposal.

"I'll give you this credit," he said, "I dare say you mean well."

"No two people ever meant better, father."

"And now for the powder. I expect that, even if I was to see my way,
you've got a barrelful of ugly things you'll demand. And I tell you at once
that it just hangs on a razor-edge whether the idea be good enough as it
stands, without any conditions to it at all. I should have conditions also, and
one of them would be that you undertook to stop and not change your
minds after a year, or bolt off and leave me at your own will."

"Never," answered Susan. "It's understood we don't go unless you wish

it."

"And now your conditions, Palk, if you please."

 "There ain't no powder about 'em, but only right and reason," said
Thomas, "and be it as 'twill, there's only three of 'em. Firstly, that we have a
proper, human wedding, all joyous and cheerful, with you smiling and a
few neighbours to the spread after, and a nice send off; secondly, that we be
allowed ten clear days for a honeymoon round about somewhere; and
thirdly, and lastly, that Susan, when she comes home, be allowed a virgin
girl under her, to help the labour of the house. Just a maid-of-all-work, as
any other married woman would have for her dignity. That's all we ask,
master, and I do hope you may be brought to see there's nothing to it but
will make for your comfort and satisfaction. Susan you know, and you've
often said she was the light of the house, and she wants so to continue; and I
do believe, when you get to know me better and see how I go on and how I
treat Susan, that you'll come to feel a kinder feeling for me also."

"Don't say 'no' without thinking over it and giving us the benefit of your
wisdom, dear father," pleaded Soosie-Toosie, her large eyes fixed upon him.

"I never say 'no' to anything, without thinking it over, Susan. 'Tis all the
other way, and I'm prone to give people the benefit of the doubt too often.
I'll turn this over. You've put the case very clear. We shall see. I'm one for
the long view, as you know. I'll look all round it."

CHAPTER XXXV

FOR RIGHT AND JUSTICE

Joe Stockman decided that he must submit to the propositions of

Thomas and his daughter. He declared that the decision was marked solely
by affection for Susan, and a determination that his son-in-law should have
every opportunity to show his worth under the new conditions. He also let it
be known how this arrangement was his own idea and, indeed, mentioned it
in several quarters as a fact, before he informed the lovers that he was
agreeable. This matter settled, Joe, who was really much gratified and
relieved, modified his gloom, and to the surprise of those most concerned,
proceeded with his part of the contract in a spirit not unamiable. He planned
a substantial entertainment for the wedding-day, permitted Susan to secure a
maid, and decreed that the honeymoon might last a fortnight.

All progressed smoothly; the farmer became affable to everybody,

including Mr. Palk, and made no opposition to the minor details of
housekeeping and general control that the marriage would involve.

"I've drawed the sting of the trouble," he confessed to himself.

And then, two days before the wedding, he received certain secret
information concerning the matter of Lawrence Maynard. He expected it,
for during the same week Maynard had specified a date for leaving.

Then came the vital news from Jane, who dipped into the secret letter-
box from time to time and skimmed the lover's letters to glean facts. These
she had now learned, and they embraced the time of departure and details
concerning it.

Thus Jane and John, with the Withycombe brothers and Mr. Stockman,
heard what was planned, and the younger conspirators now waited for Joe
to determine what actions should be taken. For him zest had already
dwindled out of the adventure. He had secured a new cowman and the
maid-of-all-work was skilled in the dairy; therefore Joe felt satisfied, so far
as his own comfort and welfare were concerned. But there remained Dinah
to be saved, and various courses of action offered themselves, the simplest
being to make all publicly known at once.

Joe, however, decided to take another party into the secret before any
final action, and he was inspired to do so by the visit of Arthur Chaffe, who
arrived at this time, to look into the matter of the dry rot in the stables.

They met and conversed on various subjects, beginning, English

fashion, with the weather; but the weather was not a topic that Arthur ever
permitted to waste his time.
 "An early autumn," said Joe. "The leaves be falling in the topmost trees
a'ready."

"I wish one old leaf would fall," answered the carpenter. "It's among the
saddest things I've known that Ben Bamsey lives on—a poor spectrum and
shadow of his former self. A very harrowing thing for all concerned, and
I've prayed on my knees daily, for a month now, that it may please God to
take him. What a man prays for will show you the measure of his wits, Joe,
and the nature of his character; and for my part I've always made it a habit
to pray for others more than for myself, and found it a very good rule."

"No doubt, no doubt, Arthur. But most people have looked upon Ben as
dead ever since last spring. There's only the outer case of the man left: the
works be gone. And a good thing here and there. He's took from some
shocks and surprises. Run your eye over this job and see what's to be done,
then I'll have a tell with you about something else that calls for a lot of brain
power. Right must be done in a certain quarter; but the question is how best
to do it."

Chaffe proceeded, and when he had settled the matter of the dry rot, he
spoke of the approaching wedding and declared his immense satisfaction
that Soosie-Toosie would stop with her father.

"It's like your good sense, and there's no doubt at all you've done a wise
thing. And Thomas Palk's mind be opening out very well I find. He's a very
good man and, in your hands, though old for a learner, can't fail to enlarge.
In fact I'm very glad about it, and so's everybody. You'd have missed her, of
course, and she'd have felt a lost creature away from you."

"So I believe, and so I acted," answered Joe; "and now list to me,
Arthur, and face a very critical affair. 'Tis understood you don't mention it
again to a living soul for the minute; but I'll ask you to give it your full
attention. I'll tell you now, and after a bit of dinner, which you'll take with
me, please, you can say what you think about it."

Mr. Chaffe protested at stopping for dinner. He was desperately busy

and begged to be allowed to return home; but Joe would not suffer it.
 "No," he said, "a soul be in the balance, Arthur, and I never yet heard
you put your work before the welfare of a soul."

"If a soul's the matter, you must speak and I must hear," answered the
old man; and then he listened to the story, from the moment of Maynard's
arrival at Falcon Farm up to the present and the secret flight, planned to
take place within ten days.

"Maynard goes from me," concluded Joe, "and the next morning he
meets Orphan Dinah at Shepherd's Cross, on Holne Moor. From there they
get down to the in-country, take train for Plymouth, at Brent I expect, and
sail that night, or the next day, to Australia. A very simple and easy plan if
it wasn't interfered with; but of course it ain't going to happen, and the
question is how best to stop it in a righteous and seemly fashion."

Mr. Chaffe was much concerned.

"Who can say he's ever fathomed man or woman?" he asked. "This
throws a light into darkness, Joe, and shows me many things that have
troubled me. Not about Dinah, for she's above board and a good Christian
by nature and upbringing; but about Maynard. He's foxed her into this dark
and dangerous deed, and I'll be bold to say the blame's on his shoulders
only, though nothing ought to have made her agree to run away
unbeknownst from her friends. That shows a lightness; but no doubt the
man have made her love him, and love blinds the best. There's a lot to thank
God for, however. You can see Providence looking far ahead as usual. For if
Maynard hadn't confided the truth to you years ago, we should never have
known, and he'd have brazened it out and committed bigamy in our midst
no doubt."

"He would—the rascal; and I feel his crime did ought to be punished,
whether it succeeds or not. He's tried to do a blackguard act, and it is for us
just men to make him feel his proper reward and chasten the wretch—if
only for his future salvation. But seeing that I've fallen out with him already
in a manner of speaking, when he gave notice, I'm in the position where it
wouldn't become me to smite him, because people would say it was
revenge. And so I put it to you, who stand for nothing but the cause of
religion and justice."
 Mr. Chaffe nodded.

"A very proper line to take. And I might, of course, go in my turn to

higher ones. You see it's a matter for State and Church both, Joe. This man
be out to break the law and ruin an innocent and trusting woman; and he's
also flouting righteousness and planning a great sin. We must rise to the
proper answer; and my feeling would be to take a line on our own, if I can
think of the right one. And if I can't, then we must hand it over to the lawful
authorities."

"No," said Mr. Stockman. "In my view that would be paltry. We've got
to keep the man and woman apart and read him a sharp and bitter lesson.
That's well in our power without going to the police. They couldn't lock him
up if he hadn't done the crime, so it's for us to make justice on the spot and
fall on the man like the trump of doom, just when he thinks he's triumphed.
That's how I see it. And we don't give him no long drawn out punishment,
but just crush him, like you'd crush a long-cripple,* and leave him to his
bad conscience. And as for Dinah, when she finds out the size of her danger
and sees the brink she was standing on, she'll soon forget her troubles, in
thankfulness to God for her great escape."

* "Long-cripple"—viper.

"It calls for a fine touch," declared Arthur. "There's no doubt our duty
stands before us, Joe, and, at a first glance, I'm minded to see with you, that
this feat is within our power and we needn't call for no outside aid. The
thing is to know just how to strike. Your idea of falling on the man like the
crack of doom be good on the whole. But we mustn't overdo it, or forget
we're sinful creatures ourselves. He's got a fearful punishment afore him in
any case, apart from what we may do, because he loses Dinah just at the
very moment when he thinks he's got her safe for evermore. And that's
enough to go on with for him. But the right thought will certainly come to
my mind, since we be acting in the name of religion."

"I'm all for mercy as a rule," answered Stockman; "but not in this case.
Mercy's barred out, because of Maynard's wickedness."
 "There don't seem no very loud call for mercy certainly, when you think
of the far-reaching thing he's led the poor girl into. No; we may stop at
justice I reckon. I'll brood upon it, Joe. I see the line, I believe; but I'll take
it afore my Maker. We want a bit of physical force—we may even have to
handle him, as I see it."

"D'you think so?"

"Yes. For the sake of argument, would John Bamsey and the
Withycombe brothers be strong enough to withstand him?"

Joe believed they might be.

"If they surprised the man, they would. Robert Withycombe's a huge,
strong chap. What be in your mind?"

"Wait till it takes a clearer shape. Put by the thought till after the
wedding. That must be all happiness and joy; and when that's well over and
the happy pair are away, we'll turn to Maynard. We must come to it with
clean hands, Joe, as humble, willing tools of Providence. Us mustn't allow
ourselves no evil hate, or anything like that, but just feel but for the grace of
God us might have been tempted and fallen into the pit ourselves. There's a
bright side, even for him, and I hope in time he'll live to see what we saved
him from."

"We must have a masterpiece of cleverness, and I'll think too," added
Mr. Stockman. "Don't squeak, Arthur; don't tell a living soul about it. We
must just teel a trap for the beggar and catch him alive. And we must spare
Dinah all we can."

"As to Dinah," answered Mr. Chaffe, "if what I see rising up in my mind
be the right course, we may have to give Dinah a pinch also. I quite agree
she must be spared all shame if possible; but I always go the way I'm led by
the still small voice, Joe; and if the ideas creeping in me blaze out and
command to be followed, then very like Dinah may have to be in it—for her
own good. You must remember that Dinah's only a part of human nature,
and we can read her feelings very clear when this bursts upon her."
 "How can we?" asked Joe. "I never can read any woman's feelings very
clear at any time. They never feel about anything same as we do, and their
very eyes ban't built to look at the shape and colour of things as ours be.
They're a different creation in fact, and 'tis folly to pretend they ain't."

"A different creation, no," answered Arthur. "They feel and suffer same
as us, and Dinah Waycott, afore this great downfall, will take the ordinary
course of human nature. Her Christianity will help her to keep a tight hand
on herself; but, being a woman, she'll want to give Lawrence Maynard a bit
of her mind, and he'll deserve it and didn't ought to be spared it."

Mr. Stockman was rather impressed.

"By God, that's true," he said. "And I'm rather glad you thought of it and
not me, Arthur. For if I'd hit on that, people would without doubt have said
'twas the poison of revenge working in me. But coming from you, of course
it can be no more than justice. It's just a thing a bachelor might have hit
upon. The average married man would have felt a twinge of mercy, and
only your high sense of justice would screw you up to such a pitch."

"Nothing be done yet," answered Mr. Chaffe. "And if my thoughts look

too harsh in your eyes presently, I'll willingly tone 'em down where
possible. But often the surgeon as ban't feared to cut deep be the best to
trust. We've got to save the man's soul alive, and seeing the size of the
wound upon it and the danger in which he stands, we should be weak to
botch our work for the sake of sparing him, or ourselves pain. For that's
what mercy to the wicked often comes to, Joe. We forgive and forget for
our own comfort far too often, and let a sinner off his medicine, only
because we don't like to see the ugly face he makes over it."

"In fact, mercy would be weakness and false kindness," admitted Joe.
"And if we want a couple more strong men presently, I know the proper
ones. We must all be ministers of right in this matter, and I'm glad of your
clear head and high opinions. For now I know we shall come through with
credit to ourselves and the respect of the people."

"There again, we must take care our feet don't slip," answered Mr.
Chaffe. "It may hap that this ain't a case for the people. As a lesson and