ISG Retail Limited v FK Construction Limited
Citation: HT-2023-000349
Simon Hargreaves KC and James Frampton (instructed by Addleshaw Goddard LLP) acted for the defendant, FK, in this Part 8 claim in which judgment was handed down yesterday (18 April 2024).
The claimant, ISG, sought declarations that FK had failed to comply with an alleged condition precedent to its entitlement to loss and expense in order to overturn part of an adjudicator’s decision.
The Court decided that issues concerning the validity of notices of delaying events and issues of waiver and estoppel in connection with compliance with conditions precedent were likely to involve substantial disputes of fact and therefore entirely unsuitable for determination in Part 8 proceedings. It was also argued that when a dispute was taken to litigation for final determination, it ought to be the whole of the dispute originally adjudicated. The Court (obiter) rejected that argument. Permission to Appeal was not sought at handing down.
A copy of the judgment is available here.
