R. Durtnell & Sons Ltd v Kaduna Ltd
Citation: Con LR 36 TCC
Nature of case:
Already reported in BLR and noted in KC In Brief June 2003, this decides that under an amended version of JCT 80, although not under the Scheme, a number of different disputes could be referred simultaneously to adjudication. There was held to be no jurisdiction where it could not be ascertained that there was a dispute, because it had not crystallised. The client would not lose the right to challenge jurisdiction because of failure to take the point at the adjudication hearing stage.
NB The judge refused leave to appeal, although subsequently an application is believed to have been made to the CA.