Birse Construction Ltd v McCormick (UK) Ltd
Citation: EWCA Civ 940;  B.L.R. 523;  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  99 Con LR 181 &  BLR 523 CA