Source: All England Reporter
Publisher Citation: [2009] All ER (D) 29 (Aug)
Neutral Citation: [2009] EWHC 1906 (TCC)
Court: Queen's Bench Division, Technology and Construction Court (Manchester District Registry)
Judge:

Davies J

Representation Alice Sims (instructed by Halliwells LLP, Liverpool) for the claimant.
  Charles McDermott (of Bermans LLP, Liverpool) for the defendant.
Judgment Dates: 24 July 2009

Catchwords

Limitation of action - Period of limitation - When time begins to run - Defective work under building subcontract - Deductions from payment - Defendant claiming payment of deduction at end of limitation period - Adjudicator deciding in favour of defendant - Whether claimant time barred from pursuing final determination and recovery of monies paid - Whether time beginning to run from date of original cause of action or from adjudicator's award

The Case

Limitation of action Period of limitation. The Queens Bench Division, Technology and Construction Court held that in a case where an original claim for a dispute was statute barred by virtue of the the unsuccessful party to an adjudication was not time barred from bringing a claim to recover monies paid subsequent to the adjudicator's award so there was an implied term that a new cause of action arose on the adjudicators decision permitting the losing party to seek final determination of the dispute by way of legal proceedings.

Practice Areas

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