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Herschel Engineering Ltd v Breen Property Ltd

Series: Construction Law Journal ; [2000] 16 Const.L.J. 5, 366-372(7)Publication details: 2000Subject(s): Summary: TCC 14 April 2000. B engaged H to carry out works to a property but refused to pay two of the claimant's invoices. H then started court proceedings and appealed against the subsequent decision to set aside the judgement in default. Before the appeal could be heard, however, H referred the dispute to adjudication. The adjudicator's award was in favour of the claimant but when H applied for summary judgment to enforce the award B argued that the court should not allow two concurrent proceedings for the same cause of action and that H had waived the right to adjudication by starting court proceedings. These arguments were dismissed as the Housing Grants, Construction and Regeneration Act 1996 s108 permits reference to adjudication at any time, as the Act anticipated adjudication taking place alongside litigation, and as these are not mutually exclusive routes to dispute resolution.

TCC 14 April 2000. B engaged H to carry out works to a property but refused to pay two of the claimant's invoices. H then started court proceedings and appealed against the subsequent decision to set aside the judgement in default. Before the appeal could be heard, however, H referred the dispute to adjudication. The adjudicator's award was in favour of the claimant but when H applied for summary judgment to enforce the award B argued that the court should not allow two concurrent proceedings for the same cause of action and that H had waived the right to adjudication by starting court proceedings. These arguments were dismissed as the Housing Grants, Construction and Regeneration Act 1996 s108 permits reference to adjudication at any time, as the Act anticipated adjudication taking place alongside litigation, and as these are not mutually exclusive routes to dispute resolution.