Taylor Woodrow Holdings Limited v Barnes & Elliott Limited

Citation: BLR 377 TCC; All ER (D) 05 TCC; CILL 2375; EWHC 1693

Nature of case:
The court held that it had a discretion under s.45 of the 1996 Arbitration Act to decide whether to determine a question of law referred to it.  It then determined the question of law which was in dispute, holding that the claimants did not retain the risk of unforeseen structural works necessary before the contract could proceed.  The case concerned the claimants’ acquisition of derelict hospital buildings for conversion to dwellings.



Richard Fernyhough KC

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