Glencot Development and Design Co Ltd v Ben Barrett & Son (Contractors) Limited
Glencot Development and Design Co Ltd v Ben Barrett & Son (Contractors) Limited
- 2001
- Construction Industry Law Letter [2001] CILL 1721-1725(5) .
TCC 13 February 2001. A was engaged by B as a sub-sub contractor, and the contract between the two did not contain an express provision for adjudication. A dispute about payment later arose and was referred to adjudication, and an Adjudicator was appointed. At an initial meeting, senior representatives from A and B reached agreement in a number of areas, but a few remained unresolved. The Adjudicator was asked to mediate in order that a final agreement be reached. After a day's mediation agreement had still not been reached and so a second meeting was arranged. On the day of the second meeting B informed the Adjudicator they wished him to withdraw from the process, since his previous involvement as a mediator made him impartial and subject to bias. When the Adjudicator, on the advice of Counsel, did not withdraw and made a decision ordering B to pay A a particular sum, B refused to pay. A then began enforcement proceedings. Includes extracts from, and detailed commentary on the judgment. The Judge refused to enforce the payment, but ordered A to pay B a substantial interim payment. He invited A to make an application for an interim payment. This was heard one week later.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
BIAS
ENFORCEMENT
GLENCOT DEVELOPMENT AND DESIGN CO LTD V BEN BARRETT AND SON (CONTRACTORS) LTD
MEDIATION
TCC 13 February 2001. A was engaged by B as a sub-sub contractor, and the contract between the two did not contain an express provision for adjudication. A dispute about payment later arose and was referred to adjudication, and an Adjudicator was appointed. At an initial meeting, senior representatives from A and B reached agreement in a number of areas, but a few remained unresolved. The Adjudicator was asked to mediate in order that a final agreement be reached. After a day's mediation agreement had still not been reached and so a second meeting was arranged. On the day of the second meeting B informed the Adjudicator they wished him to withdraw from the process, since his previous involvement as a mediator made him impartial and subject to bias. When the Adjudicator, on the advice of Counsel, did not withdraw and made a decision ordering B to pay A a particular sum, B refused to pay. A then began enforcement proceedings. Includes extracts from, and detailed commentary on the judgment. The Judge refused to enforce the payment, but ordered A to pay B a substantial interim payment. He invited A to make an application for an interim payment. This was heard one week later.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
BIAS
ENFORCEMENT
GLENCOT DEVELOPMENT AND DESIGN CO LTD V BEN BARRETT AND SON (CONTRACTORS) LTD
MEDIATION