000 02185cad a22002175a 4500
001 L146824
008 090303e20090119xxk f v 000 0 eng d
035 _a(Sirsi) u146824
041 0 _aeng
245 0 4 _aThe Dorchester Hotel Limited v Vivid Interiors Limited
_h[electronic resource]
260 _c2009
520 _a[2009] EWHC 70 (TCC), 19 January 2009. The case considers a dispute over a final account claim, a complaint of an adjudication timetable too short to allow proper examination of documentation and the possibility of a breach of natural justice. The Dorchester Hotel Ltd (D) contracted with Vivid Interiors Ltd (V) for refurbishment works. Once works completed, V sent its final account to D. In December 2008, V commenced adjudication proceedings in respect with payment for his works. The date of the end of adjudication was extended to 28 February 2009. As documentation, V gave a referral notice with 37 arch files. V also produced a different final account than the previous one. D argued that the timetable was too tight to examine the new evidence and the revised figures, and that there was a risk of natural breach of justice. V argued that the court had no jurisdiction to intervene in an ongoing adjudication. "Held": The court has jurisdiction to intervene, particularly if there has been or will be a breach of natural justice. However, this should be done in exceptional cases. The judge could not at this stage state that there would be a breach of natural justice. The timetable could still reach a fair result. The claimant could still use his claim of breach of natural justice in the future if unhappy with adjudicator's decision.
590 _aKA
650 2 4 _aDORCHESTER HOTEL LIMITED V VIVID INTERIORS LIMITED
650 2 4 _aVITPOL BUILDING SERVICE V SAMEN
650 2 4 _aCJP BUILDERS LIMITED V WILLIAM VERRY LIMITED
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/2009/70.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c81300
_d81300