Forest Heath District Council v ISG Jackson Ltd
Citation: EWHC 322 (TCC)
Nature of case:
The claimant local authority Forest Heath District Council (FHDC) sought a declaration under CPR Pt 8 to obtain a final determination against the defendant contractor ISG Jackson (ISG). The court held that a claim under the CPR Pt 8 was not the appropriate remedy for a dispute between the parties to a construction contract, as it was not a case where there was no substantial dispute of fact or where the disputed issue of fact could be determined by a short hearing with a narrow focus and without disclosure.