000			01966cam a2200241 4500
001			ABS63423
008			000000n2000 000 0 eng u
035			_a(Sirsi) u110762
245			_aHerschel Engineering Ltd v Breen Property Ltd
260			_c2000
490			_aConstruction Law Journal _v[2000] 16 Const.L.J. 5, 366-372(7)
520			_aTCC 14 April 2000. B engaged H to carry out works to a property but refused to pay two of the claimant's invoices. H then started court proceedings and appealed against the subsequent decision to set aside the judgement in default. Before the appeal could be heard, however, H referred the dispute to adjudication. The adjudicator's award was in favour of the claimant but when H applied for summary judgment to enforce the award B argued that the court should not allow two concurrent proceedings for the same cause of action and that H had waived the right to adjudication by starting court proceedings. These arguments were dismissed as the Housing Grants, Construction and Regeneration Act 1996 s108 permits reference to adjudication at any time, as the Act anticipated adjudication taking place alongside litigation, and as these are not mutually exclusive routes to dispute resolution.
590			_aABS
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
650			_aCONCURRENT PROCEEDINGS
650			_aENFORCEMENT
650			_aHERSCHEL ENGINEERING LTD V BREEN PROPERTY LTD
650			_aHOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996
650			_aHOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108
690			_aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942			_n0
999			_c66024 _d66024