ABSTRACT
J (17 BCL 28); Shawton Engineering Ltd v DGP International Ltd [2006] BLR 1 at 13 [69], per May LJ; Baht v Masshouse Developments Ltd [2012] All ER (D) 168 (Mar) at [27]; Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1191 (TCC) at [72], per Coulson J. 47 Attwood v Emery (1856) 1 CB (NS) 110 [140 ER 45]. 48 See, eg, Lancaster v Bird (1998) 73 Con LR 22, where the English Court of Appeal affirmed the trial judge’s decision that the builder in that case had failed to construct an agricultural shed in Carlisle within a reasonable time by failing to complete it by October. Chadwick LJ held (at 25): “The judge considered the evidence carefully and came to the conclusion that it was agreed that its works would be done within a reasonable time and that in the light of the circumstances known to the parties in that part of the world it was plainly envisaged that a reasonable time would not extend into the winter months. If I may say so, it would be obvious to a builder building a shed for housing cattle that the shed was wanted before the land became so wet that the cattle could no longer be kept outside.” 49 Attwood v Emery (1856) 1 CB (NS) 110 at 116, per Crowder J [140 ER 45 at 48]. 50 Attwood v Emery (1856) 1 CB (NS) 110 at 115-116, per Williams J [140 ER 45 at 48]. 51 Shawton Engineering Ltd v DGP International Ltd [2006] BLR 1 at 10 [50]–[52], per May LJ. 52 Kingdom v Cox (1848) 5 CB 522 [136 ER 982]. 53 Munkenbeck & Marshall v The Kensington Hotel Ltd (2000) 78 Con LR 171 at 186 [56]–[57], per HHJ Bowsher QC.
