Banner Holdings Limited v Colchester Borough Council [electronic resource]
Banner Holdings Limited v Colchester Borough Council [electronic resource]
- 2010
[2010] EWHC 139 (TCC) 29 January 2010. Considers whether a condition of the contract between B (claimant) and C (defendant) expressly provided that an adjudicator appointed under the contract had no jurisdiction to change any decision made by C, as employer, in respect of determination. Also considers whether, if this is the case, the express terms of the contract do not comply with the Housing Grants Construction and Regeneration Act 1996 S108 and therefore must be replaced by part, or all, of the Scheme for Construction Contracts, SI 1998:649. "Held": the adjudicator does have the necessary jurisdiction to decide the dispute that has been referred to him.
BANNER HOLDINGS LTD V COLCHESTER BC
England and Wales--1543-
[2010] EWHC 139 (TCC) 29 January 2010. Considers whether a condition of the contract between B (claimant) and C (defendant) expressly provided that an adjudicator appointed under the contract had no jurisdiction to change any decision made by C, as employer, in respect of determination. Also considers whether, if this is the case, the express terms of the contract do not comply with the Housing Grants Construction and Regeneration Act 1996 S108 and therefore must be replaced by part, or all, of the Scheme for Construction Contracts, SI 1998:649. "Held": the adjudicator does have the necessary jurisdiction to decide the dispute that has been referred to him.
BANNER HOLDINGS LTD V COLCHESTER BC
England and Wales--1543-