Source: All England Reporter
Publisher Citation: [2005] All ER (D) 407 (Nov)
Neutral Citation: [2005] EWHC 138 (TCC)
Court: Queen's Bench Division (Technology and Construction Court)
Judge:

Judge Peter Coulson QC
Judgment Dates: 13 January 2005

Catchwords

Building contract - Adjudication - Award - Jurisdiction to make award - Procedural irregularities - Adjudication of final account - Claimant seeking extension of time beyond that previously sought - Adjudicator indicating in decision he had insufficient time to carry out full analysis - Whether longer extension of time amounting to new claim - Whether decision disclosing procedural irregularities.

The Case

The claimant's claim in an adjudication to determine the final account between the parties by a contractor for a longer extension of time than that which had been sought in pre-adjudication correspondence between the parties was not outwith the scope of the adjudication as a new claim. Furthermore, comments by the adjudicator in his decision to the effect that it had not been possible for him to make a full analysis of the mass of evidence before him and that his decision was largely based on an objective overall view of events were unexceptionable as reflecting the summary nature of adjudication generally and the complexity and difficulty of final account adjudications in particular.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary