000 01717cam a2200193 4500
001 ABS61170
008 000000n1999 000 0 eng u
035 _a(Sirsi) u101759
245 _aOutwing Construction Ltd v H Randell and Son Ltd.
260 _c1999
490 _aConstruction Law Journal
_v[1999] 15 CLJ 308-313(3)
520 _aQBD 15 March 1999. A dispute over payment in a construction contract was referred to adjudication. The adjudicator instructed R to pay O. O invoiced R requiring payment by 2 March. R disputed the decision, referred it to arbitration, and also maintained that the decision was in respect of final payment which was not due till 29 March. O issued a writ, and a summons to abridge time. On the morning of the hearing R paid the amounts claimed, but refused to pay the costs of the application to enforce the decision. R argued that the payment in full of the sums claimed in the writ stayed the proceedings, that the summons to abridge time was not justified, that R were entitled to their costs because they had paid in time for the application to be abandoned. Held, the court has jurisdiction to decide cost applications issued before the automatic stay. That the summons to abridge time was justified. That O were entitled to their costs of issuing the summons and pursuing it.
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650 _aSCHEME FOR CONSTRUCTION CONTRACTS
650 _aOUTWING CONSTRUCTION LTD V H RANDELL AND SONS LTD
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
999 _c60875
_d60875