Capital Structures plc v Time & Tide Construction Ltd

Citation: All ER (D) 98, [2006] BLR 226 TCC, [2006] EWHC 591 (TCC), [2006] CILL 2345 and [2006] BLM Vol.23 No. 410 TCC

Nature of case:
The adjudication provisions in a contract would be lost if, as alleged here, the contract itself, a settlement agreement, was void for economic duress.  If the effect was that there was no valid contract, the adjudication provision had become void, so the adjudicator would have no jurisdiction to hear disputes, including the question as to whether there had been economic duress.  Accordingly, it would not be appropriate to grant summary judgment for enforcement of the decision.

Also reported in:

[2006] BLM Vol.23 No. 410 TCC
[2006] CILL 2345


Simon Hargreaves KC

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