Norton Rose Newsflash - Crouch Overruled

Beauforts Developments V Gilbert-Ash

Overturning a previous Court of Appeal decision to the contrary, the House of Lords has held that the court does have the power to open up the certificates and decisions of a contract administrator under a building contract. It is not necessary expressly to confer this power on the court nor does giving an arbitrator this power detract from the court's power. As a result one of the major disadvantages of litigation over arbitration has been removed. The court also enjoys the power of joinder of actions, unavailable to an arbitrator without consent of the parties, which tips the balance strongly in favour of the courts as the forum for the resolution of construction disputes.