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