CIB Properties Ltd v Birse Construction

Citation: BLR 173 TCC

Nature of case:
This concerns difficulties arising in adjudication through the tension between complexity of dispute and the time-limits.  It was argued for Birse that the complex nature of the dispute, combined with the conduct of the clients CIB as claimants, created pressure which caused the adjudicator to act unfairly in relation to timetable/ timescales, expert evidence and documentation.  CIB was applying to enforce the decision of John Uff in their favour.  The judge, granting the application to enforce, found that Birse was not prejudiced on the facts, although whether complexity could defeat the process on other facts appears to have been left open.

See further information:

[2005] 1 WLR 2252



Jonathan Lee KC
Sarah Hannaford KC

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