000			01927cab a2200205 4500
001			##L133605
008			060522n2006 000 0 eng u
035			_a(Sirsi) u133605
041	0		_aeng
245	0	0	_aCaptiva Estates Ltd v Rybarn Ltd
260			_c2006
520			_a[2005] EWHC 2744 (TCC) 11 November 2005. R agreed to construct flats on C's land, in consideration of which C made a payment of £1 15m, and granted an option to R to purchase seven of the flats. When R commenced adjudication proceedings, C sought a declaration that the contract was excluded from the Housing Grants, Construction and Regeneration Act 1996 in that it was a development agreement within the meaning of the Construction Contracts Exclusion Order 1998. C argued that the contract included a provision for the grant or disposal of a relevant interest in land on which R had carried out construction operations, so that it fell within the ambit of the order, and that the clear intention of the parties was that the leasehold interests in the flats built by R would be transferred to R under the terms of the contract. "Held" the effect of the contract was to grant R options for the grant of leases for flats that it had built. This was a relevant interest in land for the purposes of the exclusion order, and therefore the contract was excluded from the Housing Grants, Construction and Regeneration Act, and there was no statutory right to adjudicate.
650	2	4	_aCAPTIVA ESTATES LTD V RYBARN LTD
650	2	4	_aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650	2	4	_aCONSTRUCTION CONTRACTS (ENGLAND AND WALES) EXCLUSION ORDER 1998
651		4	_aEngland and Wales _y1543-
690			_aMANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856	4	1	_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/2744.html _zView the item free of charge at www.bailii.org...
942			_n0
999			_c77109 _d77109