Herschel Engineering Ltd v Breen Property Ltd
Series: Construction Law Journal ; [2000] 16 Const.L.J. 5, 366-372(7)Publication details: 2000Subject(s):- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
- CONCURRENT PROCEEDINGS
- ENFORCEMENT
- HERSCHEL ENGINEERING LTD V BREEN PROPERTY LTD
- HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996
- HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108
- MANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
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Law report | London Journal article | ABS63423 (Browse shelf(Opens below)) | 1 | Available | 110762-1001 |
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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.