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ARTICLE · 08 FEBRUARY 2012

Case Law Update - February 2012

A round-up of recent case law updates from Keating Chambers

United KingdomReal Estate and Construction

ADJUDICATION

More than one dispute?

Witney Town Council v Beam Construction (Cheltenham) Ltd [2011] BLR 709 TCC

The Council, as employer, sought to resist enforcement of the adjudicator's decision on the ground that Beam, the contractor, had referred four disputes to adjudication, the first relating to the draft final account, the second to the final account, the third being interest on retention and the fourth for payment on retention, so that the adjudicator lacked jurisdiction on the last.  The court held that these were all aspects of the same dispute, namely what was due and owing to the contractor and that the adjudicator had therefore had jurisdiction.  Fastrack Contractors v Morrison (Simon Hargreaves QC) was applied.

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