- Cited — MUR Shipping BV v RTI Ltd. 2022-10-27
“…o be taken to be giving up its legal rights in the absence of clear express words to that effect (Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689).…”
- Cited — Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP 2022-06-21
“…The classic definition of a building contract is that given by Lord Diplock in Modern Engineering (Bristol) Ltd v Gilbert-Ash (Northern) Ltd [1974] AC 689 at 717B and 722G: “an entire contract for the sale of goods and work and labour for a lump sum price payable by instalments as the good are delivered and the w…”
- Cited — Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited 2022-04-04
“… might reduce the remedies ordinarily available to the victim of a breach of contract. In Gilbert-Ash (Northern) Limited v Modern Engineering (Bristol) Limited [1974] AC 689, Lord Diplock said at 717H:…”
- Applied — Hercultio Maritime Limited & Ors. v Gunvor International BV & Ors. 2021-12-01
“…In the circumstances it seems to me that the “presumption” referred to in Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd[1974] AC 689, 717 applies, that is to say that “in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its bre…”
- Applied — Primus International Holding Company & Ors v Triumph Controls - UK Ltd & Anor 2020-09-22
“…for breach of important contractual obligations without using clear words having that effect: see Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974 ] AC 689 per Lord Diplock at 717H, applied in Seadrill Management Services Ltd v OAO Gazprom [2010] EWCA Civ 691; [2010] 1 CLC 934 by Moore-Bick LJ at paragraph 29.”…”
- Cited — Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors 2020-02-06
“…The principle finds expression in Gilbert-Ash (Northern) Ltd v. Modern Engineering (Bristol) Ltd [1974] AC 689 at 717G, where Lord Diplock, in the context of the right to exclude a remedy for breach of contract for the sale of goods or for work and labour, observed:…”
- Cited — JP Morgan Chase Bank NA v The Federal Republic of Nigeria 2019-10-08
“… law is clearly against Morgan Chase on this point. The principal case on which the FRN relies is Gilbert-Ash (Northern) v Ltd Modern Engineering (Bristol) Ltd [1974] AC 689. That case concerned whether a term in a sub-contracting agreement to carry out building work ousted the right of the main contractor to set off an un-liquidat…”
- Applied — Teoco UK Ltd v) Aircom Jersey 4 Ltd & Anor 2018-01-18
“…for breach of important contractual obligations without using clear words having that effect: see Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689 per Lord Diplock at 717H, applied in Seadrill Management Services Ltd v OAO Gazprom [2010] EWCA Civ 691, by Moore-Bick LJ at para 29.”…”