Birse Construction Ltd v McCormick UK Ltd
Citation: BLR 523 CA
Nature of case:
This is the appeal decision of the TCC judgment, both making further additions to the body of recent authority on the meaning and existence of a dispute. In the appeal it was contended that express or implied refusal of the estimate for site establishment costs would not give rise to a cause of action and that the judge had confused ‘dispute’ with cause of action. This was rejected: the judge had correctly concluded that the cause of action arose when the defendant had rejected a claim or failed to respond to it within a reasonable time: the dispute arose at the same time.
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