Court Service Enforcement of an adjudicator’s decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999.
Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether the contract varying the construction contract was enforceable or lacked consideration, the adjudication clause was not unfair and was binding on Mr Beckingham, the adjudicator’s decision would be enforced and there would be judgment for Westminster in the sum claimed. This judgment was made in writing and was handed down by the court. For the purposes of paragraph 5.12 of 52PD-19 (Practice Direction – Appeals), this written judgment is to be taken as replacing an official recording and approved transcript of the judgment.
Judges:
His Honour Judge Thornton QC
Citations:
[2004] EWHC 138 (TCC), 94 Con LR 107, [2004] BLR 163, [2004] BLR 265, [2004] TCLR 8
Links:
Jurisdiction:
England and Wales
Arbitration, Construction
Updated: 11 September 2022; Ref: scu.201843
