Mott MacDonald Ltd v London & Regional Properties Ltd
Citation: All ER (D) 431 TCC, [2007] CILL 2481, 113 Con LR 33 and [2007] EWHC 1055 (TCC)
Nature of case:
A letter of intent between the claimant consultant and the defendant client was held not to be an agreement in writing for the purposes of s.107(2) HGCR Act because it had been subject to substantial amendments, partly in writing, partly by conduct and partly to be inferred from conduct. Accordingly, this was not a statutory adjudication and the adjudicator lacked jurisdiction, so his decision could not be enforced by summary judgment. The court also made findings relating to the adjudicator’s inability to impose a lien to secure payment of his fees or to oblige the referring party to pay his fees as a condition of appointment.
