Epping Electrical v Briggs & Forrester

Citation: CILL 2438,[2007] EWHC 4 (TCC), 113 Con LR 1, (2007) 23 Const LJ 239 and [2007] BLR 126

Nature of case:
On the claimant’s application for summary judgment to enforce the adjudicator’s decision, the defendant argued that consent to extend time for the adjudicator to reach the decision was conditional upon his issuing the decision by the agreed date. Any failure to do so rendered the decision invalid. The court held that since such condition was not fulfilled, time for the adjudicator to reach his decision was not validly extended. As a consequence the adjudicator’s decision was not enforceable and the claimant’s application was dismissed.

Link to Judgment

Counsel

David Thomas QC

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