000 01681cad a22002055a 4500
001 L138432
008 070606e20070130xxk f w 000 0 eng d
035 _a(Sirsi) u138432
041 0 _aeng
245 0 0 _aLead Technical Services Ltd v CMS Medical
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 316, 30 January 2007. Concerned the incorrect enforcement of an adjudicator's decision. A dispute over fees was referred by respondent consulting engineers (L) to adjudication. Appellant company (C) contended that the adjudicator had no jurisdiction to hear the dispute as a deed of appointment had replaced the earlier agreement between the parties, and the adjudication rules in the deed were not the same as in the original agreement. In addition, there had been an oral agreement that L's fees would be capped. The adjudication went in L's favour, L issued proceedings to enforce it, and was granted summary judgment. C appealed. "Held": appeal allowed. The judge had erred in enforcing the adjudicator's decision as there was a real prospect that C could prove the terms contained in the deed that would remove the adjudicator's jurisdiction.
590 _aKA
650 2 4 _aLEAD TECHNICAL SERVICES LTD V CMS MEDICAL LTD
650 2 4 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 PART II
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2007/316.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c78868
_d78868