Costain Ltd v Bechtel Ltd

Citation: CILL p.2239 TCC

Nature of case:
Following a meeting with the project managers on the Channel Tunnel Rail Link project, contract administrators increased disallowance of items in contractors’ claims.  The contractors alleged improper interference causing the client to breach the contract, and sought interim injunctions.  The project managers argued that under the (amended) NEC contract there was no duty of impartiality on the project managers.  The court entertained doubts about this and held that there was a serious issue to be tried, but refused the injunctions, since on the balance of convenience, damages would be an adequate remedy.

See other reports:

[2005] TCLR and [2005] BLM Vol. 22 No.8 p.1 TCC

Counsel

David Thomas QC

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