| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 391 (Dec) |
| Neutral Citation: | [2003] EWHC 3059 (TCC) |
| Court: | Technology and Construction Court |
| Judge: | Judge David Wilcox |
| Representation | Robert Akenhead QC and Sean Brannigan (instructed by Berwin Leighton Paisner) for the claimant. |
| Andrew Bartlett QC and Kim Franklin (instructed by Berrymans Lace Mawer) for the defendant. | |
| Judgment Dates: | 18 December 2003 |
Catchwords
Building contracts - Dispute - Reference to adjudication - Compliance with statutory scheme - Scope of 'dispute' in adjudication proceedings - Late service of evidence and procedural unfairness.
The Case
On an application for summary judgment to enforce an adjudicator's award under the Scheme for Construction Contracts (England and Wales) Regulations 1998, the court considered the scope of 'dispute' in adjudication proceedings, whether an ambush by serving evidence late invariably constituted procedural unfairness and whether the reference had been in accordance with the Scheme.
Practice Areas
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