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Dean and Dyball Construction Ltd v Kenneth Grubb Associates Ltd

Series: Construction Industry Law Letter ; [2003] CILL 2045-2049(5)Publication details: 2003Subject(s): Online resources: Summary: [2003] EWHC 2465 (TCC), 28 October 2003. Claimant (D) brought proceedings to enforce an adjudicator's award with interest from defendant (G). G opposed the application on the grounds that i) the dispute referred to the adjudicator was not the same as the claim made by D to G, ii) the contract between the parties was not capable of being adjudicated because it was not in writing as required by the Housing Grants Construction and Regeneration Act 1996 s107, iii) the dispute was not validly referred for adjudication under the contractual provisions, iv) the adjudicator made an error of law by answering the wrong question and v) the procedure lacked fairness. "Held" that G had no grounds for resisting the enforcement of the award as the construction contract contained provisions for adjudication and the dispute had been validly dealt with. Judgment found in favour of D. View judgment at www.bailii.org.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67331 (Browse shelf(Opens below)) 1 Available 124777-1001

[2003] EWHC 2465 (TCC), 28 October 2003. Claimant (D) brought proceedings to enforce an adjudicator's award with interest from defendant (G). G opposed the application on the grounds that i) the dispute referred to the adjudicator was not the same as the claim made by D to G, ii) the contract between the parties was not capable of being adjudicated because it was not in writing as required by the Housing Grants Construction and Regeneration Act 1996 s107, iii) the dispute was not validly referred for adjudication under the contractual provisions, iv) the adjudicator made an error of law by answering the wrong question and v) the procedure lacked fairness. "Held" that G had no grounds for resisting the enforcement of the award as the construction contract contained provisions for adjudication and the dispute had been validly dealt with. Judgment found in favour of D. View judgment at www.bailii.org.