Birse Construction Ltd v McCormick (UK) Ltd

Citation: EWCA Civ 940; [2005] B.L.R. 523; [2005] All E.R. (D) 366 (Jul)

Nature of case:
Both first instance and appeal decisions make 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 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.

See also the TCC decision: Birse Construction Ltd v McCormick (UK) Ltd [2005] 99 Con LR 181 & [2005] BLR 523 CA



Alexander Nissen KC

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