Birmingham City Council v Paddison Construction Limited
Language: English Publication details: 2008Subject(s):- BIRMINGHAM CITY COUNCIL V PADDISON CONSTRUCTION LIMITED
- CIB PROPERTIES LTD V BIRSE CONSTRUCTION LTD
- BALFOUR BEATTY CONSTRUCTION LTD V LAMBETH LBC
- CANTILLON LTD V URVASCO LTD
- VHE CONSTRUCTION V RBSTB TRUST COMPANY
- SHERWOOD AND CASSON LTD V MACKENZIE ENGINEERING LTD
- HOLT INSULATION V COLT INTERNATIONAL
- QUIETFIELD LTD V VASCROFT CONTRACTORS LTD
- England and Wales -- 1543-
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 145616-2001 |
[2008] EWHC 2254 (TCC), 25 September 2008. The case turned around whether a party can refer to adjudication a dispute that has already been subjected to an adjudicator's decision. Paddison Construction Limited (P) started adjudication proceedings against Birmingham City Council (B) for delay and losses in connexion with a construction project, which it completed 18 months earlier. B refused to be held responsible for delay and losses. The adjudicator allowed an extension of time, but refused to grant further monies. He proposed P to pursue its loss and expense claim through a second adjudication. A second adjudication was started. B contested it on the basis that the amount was different but that the dispute was substantially the same as in the first adjudication. Held: The judge concluded that the first adjudicator had made a decision about the loss and expense claim. Even though the amount claimed was different, the court decided that there was no difference in the matters being considered, they were on the same grounds and the material being relied upon was the same. Acting otherwise would result in an abuse of process. Parties should properly prepare their claims before considering adjudication.