John Roberts Architects Ltd v Parkcare Homes (No2) Ltd (Record no. 120469)

MARC details
000 -LEADER
fixed length control field 02439cam a2200181 4500
001 - CONTROL NUMBER
control field ##L131309
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051019n 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131309
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title John Roberts Architects Ltd v Parkcare Homes (No2) Ltd
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 1637, 25 July 2005. Considered whether an adjudicator ceased to have jurisdiction to award costs when adjudication proceedings were discontinued. J sought to recover its costs in discontinued adjudication proceedings initiated by P. The contract provided that adjudication procedures should adhere to the Scheme for Construction Contracts, and that the adjudicator had discretion to award payment of one party's legal costs and expenses by the other as part of his decision. P abandoned its claim after substantial costs had been incurred. The adjudicator directed that P should pay J's adjudication costs as well as his own fees and disbursements. J argued firstly that the adjudicator was entitled to award costs, secondly that for reasons of business efficacy and to reflect the intention of the parties, it was necessary to imply a term giving the adjudicator the power to make an order for costs, and thirdly that P was estopped from denying that the adjudicator lacked jurisdiction. "Held" It was understandable that an adjudication agreement should contain provision for recovery of costs in certain circumstances as the Scheme for Construction Contracts does not, and it was plain that the adjudicator was entitled to direct payment of costs only as part of his decision; a term would not be implied to give business efficacy unless necessary to prevent failure of consideration, and the terms implied by J fell short of this requirement; P had only elected to treat the adjudicator as having jurisdiction in accordance with the contract, and was not electing or promising not to exercise its power to discontinue the adjudication proceedings.
590 ## - LOCAL NOTE (RLIN)
Local note IKA251005
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JOHN ROBERTS ARCHITECTS LTD V PARKCARE HOMES LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INVESTORS COMPENSATION SCHEME LTD V WEST BROMWICH BUILDING SOCIETY
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS-ADJUDICATORS' JURISDICTION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailli.org/ew/cases/EWHC/TCC/2005/1637.html">https://www.bailli.org/ew/cases/EWHC/TCC/2005/1637.html</a>
Public note View the website free of charge at www.bailli.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 19/10/2005   ONLINE PUBLICATION 131309-1001 06/08/2019 1 06/08/2019 Law report