Benfield Construction Ltd v Trudson (Hatton) Ltd
Citation: EWHC 2333 (TCC), [2008] CILL 2633
Nature of case:
Following a series of adjudications, the court had to determine whether the dispute in the third adjudication was the same or substantially the same as those that had been decided in the first and second adjudications and accordingly, did the adjudicator have the necessary jurisdiction to consider and decide the dispute in the third adjudication. The court held that as there were no different material facts presented in the third adjudication which had not already been considered and dealt with by the first adjudicator, the dispute in the third adjudication was the same or substantially the same as that dealt with in the first and second adjudications. Coulson J. set out a number of relevant principles when considering the “same dispute” issue.
