Section 20- Philips v Francis Appeal granted

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    Section 20- Philips v Francis Appeal granted

    As some of you will remember the Chancellor of the High Court no doubt revelling in Christmas excess ( as I can’t think of any other plausible explanation for his conclusion) ruled that the £250 threshold for consultation applied to cumulative total for all qualifying works expenditure in a given accounting period.

    That led to fears of having to "section 20 " for a light bulb and it was only the unrelated case of Daejan that gave hope in regard to dispensation.

    Contrary to his decision most of us felt that the principles applied under the pre CLRA 2002 rules still applied- qualifying works were treated as unrelated works and we could all recognise the sneaky work arounds of one job with four invoices or a new lift subject to invoices for every sprocket and cable!

    At last the appeal request, which was submitted in June 2013 by Chambers acting for the Francis’, has been heard and happily someone has at last said “ok, appeal already”.

    Its business as usual for now though, but there is hope on the horizon.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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