||All England Reporter
|| All ER (D) 10 (Jul)
|| EWHC 1825 (TCC)
||Queen's Bench Division, Technology and Construction Court
Mr Justice Akenhead
||Vincent Moran QC (instructed by Pannone LLP) for the claimants.
||Serena Cheng (instructed by Trowers & Hamlin LLP) for the defendant.
||28 June 2013
Adjudication - Award - Enforcement - Dispute arising between parties concerning subcontracted works - Matter being referred to adjudication - Adjudicator making award in favour of claimants (award) - Defendant instituting proceedings in another court following award (new proceedings) - Particulars of claim not being served in respect of new proceedings - Claimants seeking enforcement of award - Whether 'proceedings' 'commenced' by defendant such as to prevent adjudicator's decision becoming final and binding - CPR Pt 7.
Adjudication Award. The defendant company (Buckingham) was the main contractor engaged to construct a new studio for the well-known television 'soap', Coronation Street in Salford. The second claimant provided Buckingham with a quote for the supply and installation of drainage works for this project. The first claimant was identified as a sub-contractor for the project. A dispute arose as to the proper valuation of the final account between the parties and the matter was referred to adjudication. The adjudicator found in favour of the claimants. Without notice to the claimants, Birmingham instituted proceedings in the Technology and Construction Court. No particulars of claim had been served. The issue was whether the adjudicator's decision had become final in the circumstances. The court held that the adjudicator's decision had not become final and binding because Buckingham commenced proceedings essentially referring the dispute addressed by the adjudicator through court procedures for final resolution. There was no absolute requirement that particulars of claim had to be embodied within the claim form. CPR 7.4(1) gave a claimant the option of either incorporating them within the claim form or serving them with the claim form.
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