Carillion Construction v Devonport Royal Dockyard

Citation: Times Law Reports 24 Nov CA

Nature of case:
This is part of extensive litigation arising from the dockyard project; being an appeal on the adjudicator’s powers to award interest.  The CA dismissed the client’s appeal against the TCC decision.  There is no free-standing power to award interest under cl.20(c) of the Scheme.  However, in the circumstances, the client had not disputed the adjudicator’s power to award interest on moneys outstanding.  The parties had therefore agreed that interest should come within the scope of the adjudication, conferring on him a jurisdiction he would not otherwise have had.

See other reports:

[2006] BLR 15 CA
[2006] CILL 2297 CA
[2005] BLR 310 TCC
[2003] BLR 79 TCC

Counsel

Stephen Furst KC

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