‘This application raises a short but important issue as to the propriety of a reference to adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (‘the 1996 Act’) of a dispute which, at the time of the reference, is already the subject of pending court proceedings. It is contended on behalf of the defendant that in such circumstances it is not open to a party to refer a dispute to adjudication, and that any decision which an adjudicator purports to make should not be enforced by the court. The claimant seeks to obtain summary judgment under Part 24 of the CPR of the sums which the adjudicator decided were due to it. ‘
Judges:
Dyson J
Citations:
[2000] EWHC Technology 178, 70 Con LR 1, [2000] BLR 272
Links:
Jurisdiction:
England and Wales
Construction, Arbitration
Updated: 14 July 2022; Ref: scu.266721