Capital Structures plc v Time and Tide Construction Ltd
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 591 (TCC) 8 March 2006. C were engaged as subcontractors by T. Following a number of disputes between the parties, which culminated in C withdrawing its labour from site, the employer, K, threatened to take over the development from T, which was potentially disastrous for T. C and T eventually signed a settlement agreement, by which T agreed to pay C £20 000 plus VAT when C had finished work on site. C referred the matter to arbitration when T refused to pay this sum; T argued that the adjudicator did not have jurisdiction because it had entered into the settlement under economic duress. The adjudicator rejected this argument, and made an award in favour of C, who then applied for enforcement of his decision. "Held" from the evidence, there was an arguable, although rather shadowy, case that there had been economic duress. If this was established, then the adjudicator did not have jurisdiction. T was given leave to defend, provided it paid into court the amount of the adjudicator's award.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 133764-1001 |
[2006] EWHC 591 (TCC) 8 March 2006. C were engaged as subcontractors by T. Following a number of disputes between the parties, which culminated in C withdrawing its labour from site, the employer, K, threatened to take over the development from T, which was potentially disastrous for T. C and T eventually signed a settlement agreement, by which T agreed to pay C £20 000 plus VAT when C had finished work on site. C referred the matter to arbitration when T refused to pay this sum; T argued that the adjudicator did not have jurisdiction because it had entered into the settlement under economic duress. The adjudicator rejected this argument, and made an award in favour of C, who then applied for enforcement of his decision. "Held" from the evidence, there was an arguable, although rather shadowy, case that there had been economic duress. If this was established, then the adjudicator did not have jurisdiction. T was given leave to defend, provided it paid into court the amount of the adjudicator's award.