Capital Structures plc v Time & Tide Construction Ltd

Citation: BLM Vol. 23 No. 410 TCC

Nature of case:
This decides that the adjudication provisions in a contract would be lost if, as alleged later, 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.

See also the TCC decision: Capital Structures plc v Time & Tide Construction Ltd [2006] All ER (D) 98 TCC and [2006] CILL 2345


Simon Hargreaves KC

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