Last year the case of Parkwood Leisure Ltd v Laing O'Rourke
Wales and West Ltd [2013] EWHC 2665 (TCC) (see our previous article
on this
here) raised the idea that deeds of warranty could be construed
as construction contracts for the purposes of the Housing Grants,
Construction and Regeneration Act 1996 (as amended) and accordingly
the parties had the right to refer disputes to adjudication.
Commentaries at the time debated the application of the principle
to third party rights.
In the case of Hurley Palmer Flatt Limited v Barclays Bank PLC
[2014] EWCA 3042 (TCC) ("Barclays"), Barclays as a third
party to the appointment sought to refer a dispute to
adjudication. The Court concluded that they were not entitled
to do so interpreting the appointment as entitling the third party
to rely upon those terms of the appointment relating to the
consultant's liability to the client and not the procedural
rights, such as the right to adjudicate. The Court
accordingly
