Source: All England Reporter
Publisher Citation: [2005] All ER (D) 202 (Nov)
Neutral Citation: [2005] EWCA Civ 1358
Court: Court of Appeal, Civil Division
Judge:

Clarke MR, Chadwick and Moore-Bick LJJ

Representation Stephen Furst QC and Louise Randall (instructed by Herbert Smith) for the appellant.
  Nicholas Dennys QC and Simon Lofthouse (instructed by Pinsent Masons, Manchester) for the respondent.
Judgment Dates: 16 November 2005

Catchwords

Building contract - Adjudication - Award - Jurisdiction to make award - Interest - Whether Scheme providing free-standing power in adjudicator to award interest - Scheme for Construction Contracts (England and Wales) Regulations 1998, , Pt I of Schedule, cl 20(c).

The Case

There was no free-standing power to award interest under cl20(c) of the Scheme for Construction Contracts as set out in PtI of the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998. The adjudicator could decide questions as to interest if, but only if: (i) those questions were matters in dispute that had been properly referred to him; (ii) those were questions that the parties had agreed should be within the scope of the adjudication; or (iii) those were questions that the adjudicator considered to be necessarily connected with the dispute.

Practice Areas

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