Settlement binding until court says not
Brewer, G.
Settlement binding until court says not - 2001 - Contract Journal 407(6310) 17 January 2001, 21(1) .
Considers settlement agreements in the light of "Sheppherd Construction v Mecright" (2000) when it was ruled that, following a settlement, no dispute can be referred to adjudication under the Housing Grants, Construction and Regeneration Act 1996 s108. In such circumstances the proper course of action would be to establish that the settlement was entered into under economic duress, but both parties must abide by the terms of the agreement until is overturned by a court or arbitrator.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
CASE LAW
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108
SHEPHERD CONSTRUCTION V MECRIGHT
Settlement binding until court says not - 2001 - Contract Journal 407(6310) 17 January 2001, 21(1) .
Considers settlement agreements in the light of "Sheppherd Construction v Mecright" (2000) when it was ruled that, following a settlement, no dispute can be referred to adjudication under the Housing Grants, Construction and Regeneration Act 1996 s108. In such circumstances the proper course of action would be to establish that the settlement was entered into under economic duress, but both parties must abide by the terms of the agreement until is overturned by a court or arbitrator.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
CASE LAW
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108
SHEPHERD CONSTRUCTION V MECRIGHT