| 000 | 02331cab a22002775a 4500 | ||
|---|---|---|---|
| 001 | L145616 | ||
| 008 | 081027e20080925xxk v 000 0 eng u | ||
| 035 | _a(Sirsi) u145616 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 | _aBirmingham City Council v Paddison Construction Limited |
| 260 | _c2008 | ||
| 520 | _a[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. | ||
| 590 | _aKA | ||
| 650 | 2 | 4 | _aBIRMINGHAM CITY COUNCIL V PADDISON CONSTRUCTION LIMITED |
| 650 | 2 | 4 | _aCIB PROPERTIES LTD V BIRSE CONSTRUCTION LTD |
| 650 | 2 | 4 | _aBALFOUR BEATTY CONSTRUCTION LTD V LAMBETH LBC |
| 650 | 2 | 4 | _aCANTILLON LTD V URVASCO LTD |
| 650 | 2 | 4 | _aVHE CONSTRUCTION V RBSTB TRUST COMPANY |
| 650 | 2 | 4 | _aSHERWOOD AND CASSON LTD V MACKENZIE ENGINEERING LTD |
| 650 | 2 | 4 | _aHOLT INSULATION V COLT INTERNATIONAL |
| 650 | 2 | 4 | _aQUIETFIELD LTD V VASCROFT CONTRACTORS LTD |
| 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/ew/cases/EWHC/TCC/2008/2254.html _zView the item free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c80903 _d80903 |
||