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Multiplex Constructions (UK) Ltd v Mott MacDonald Ltd [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 20 (TCC), 10 January 2007. Considered differing interpretations of what constituted pertinent records (under a novation agreement) and whether the adjudicator acted within his jurisdiction. Applicant company (M) employed respondent company (D) by a novation agreement for the provision of civil and structural engineering services for the construction of the new Wembley stadium. M wished to gain access to pertinent records held by D, exercising its right under the novation agreement. D refused, querying M's understanding of what constituted records in the context. An adjudicator's award favoured M, but D only offered a limited range of documents. M applied for equitable remedies and for summary judgment against D to enforce the adjudicator's decision. D argued that the adjudicator lacked jurisdiction to decide the meaning of pertinent records and that D had tried to comply with the adjudicator's decision. "Held": the adjudicator was within his jurisdiction because he was resolving a pre-existing dispute between the parties; he was entitled to formulate his own interpretation of pertinent records, regardless of whether he was right or wrong.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 136798-2001

[2007] EWHC 20 (TCC), 10 January 2007. Considered differing interpretations of what constituted pertinent records (under a novation agreement) and whether the adjudicator acted within his jurisdiction. Applicant company (M) employed respondent company (D) by a novation agreement for the provision of civil and structural engineering services for the construction of the new Wembley stadium. M wished to gain access to pertinent records held by D, exercising its right under the novation agreement. D refused, querying M's understanding of what constituted records in the context. An adjudicator's award favoured M, but D only offered a limited range of documents. M applied for equitable remedies and for summary judgment against D to enforce the adjudicator's decision. D argued that the adjudicator lacked jurisdiction to decide the meaning of pertinent records and that D had tried to comply with the adjudicator's decision. "Held": the adjudicator was within his jurisdiction because he was resolving a pre-existing dispute between the parties; he was entitled to formulate his own interpretation of pertinent records, regardless of whether he was right or wrong.