L Brown & Sons v Crosby North West Homes

Citation: All ER (D) 63 TCC and [2005] EWHC 3503 (TCC)

Nature of case:
In proceedings for enforcement of an award in favour of the claimant (the defendant also sought a declaration that the adjudicator lacked jurisdiction), the defendant sought to argue that the disputes were not covered by the adjudication clause in the (JCT WCD) contract, because they arose under side agreements.  The court held that the parties could refer disputes arising ‘under out of or in connection with the contract’ which was sufficient to cover the disputes in this case.  The award would thus be enforced.

Link to Judgment 

 

Counsel

Simon Hargreaves QC
Alexander Nissen QC

  • Share