Harlow and Milner v Linda Teasdale [electronic resource]
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 1708 (TCC), 7 July 2006. Highlights the clear but sometimes harsh consequences of the system of construction adjudication. Applicant company (H) applied for an order for sale of property belonging to respondent (T) pursuant to the Civil Procedure Rules 1998 Part 73.10. T had entered into a contract with H in respect of works to refurbish T's three properties that were affected by asbestos contamination. The building contract did not mention the grant monies promised by the local authority. Problems arose and H claimed interim payments, of which the local authority paid some. T did not pay further sums as T had not realised under the contract with H that she had to pay any shortfall. Following an adjudicator's decision in H's favour and the ongoing failure of T to pay the judgment sum, H sought an order for sale. "Held": the order for the sale of property was granted as it was unlikely that T would pay the judgement sum and the terms of the order would not cause irredeemable injustice to T. Concludes that the difficulties did not stem from the adjudication, but from the way in which the contractual arrangements were set up.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 136663-2001 |
[2006] EWHC 1708 (TCC), 7 July 2006. Highlights the clear but sometimes harsh consequences of the system of construction adjudication. Applicant company (H) applied for an order for sale of property belonging to respondent (T) pursuant to the Civil Procedure Rules 1998 Part 73.10. T had entered into a contract with H in respect of works to refurbish T's three properties that were affected by asbestos contamination. The building contract did not mention the grant monies promised by the local authority. Problems arose and H claimed interim payments, of which the local authority paid some. T did not pay further sums as T had not realised under the contract with H that she had to pay any shortfall. Following an adjudicator's decision in H's favour and the ongoing failure of T to pay the judgment sum, H sought an order for sale. "Held": the order for the sale of property was granted as it was unlikely that T would pay the judgement sum and the terms of the order would not cause irredeemable injustice to T. Concludes that the difficulties did not stem from the adjudication, but from the way in which the contractual arrangements were set up.