Appearing on behalf of the Claimant in the Technology & Construction Court, Aidan Reay, instructed by Paul Booth of Ramsdens, has successfully resisted an application seeking to strike out or stay the claim on the basis that the court did not have jurisdiction to hear the claim because the Claimant was obliged to first refer the matter to adjudication under the terms of NEC3 following the decision of the Outer House of the Court of Session in The Fraserburgh Harbour Commissioners v McLaughlin & Harvey Limited  CSOH 8.
His Honour Judge Stephen Davis (sitting as a judge of the High Court) accepted the Claimant’s argument that, whilst the purchase orders did refer to NEC3 Engineering & Construction Contract June 2005 (with June 2006 amendments), this reference was inadequate to incorporate the NEC3 dispute resolution terms into the contract between the parties because:
The decision provides useful confirmation that terms will not be incorporated by reference where the terms to be incorporated are missing important information required to give them full effect and that, where contractual options need to be selected by the parties, the court will not make the decision for the parties in the absence of them having agreed the options.
Having determined that the NEC3 terms did not apply, the court did not have to deal with the question of whether the decision to strike out the claim in Fraserburgh Harbour Commissioners should be followed in England and Wales or whether the appropriate response to a claim commenced without prior recourse to adjudication should merely be stayed for the adjudication to take place.
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Register now for our upcoming #courtofprotection webinar with Arevik Jackson!
She will provide a comprehensive ov… https://t.co/OvnZBK1GF6 Kings Chambers 1 week ago..
Team @Kings_Chambers were thankful for a bit of sunshine on the Legal Walk yesterday evening!
A big thank you to… https://t.co/IREGKfhzAZ Kings Chambers 1 week, 1 day ago..
Team @Kings_Chambers are limbering up for the @ATJFYorkshire Leeds Legal Walk!
The Leeds #LegalWalk gathers the lo… https://t.co/XI0xTe3xzH Kings Chambers 1 week, 2 days ago..
Congratulations to @stephenrloxton, Gary Smith and the team for completing the C2C challenge! Despite a few hurdles… https://t.co/52VkvDmTw1 Kings Chambers 1 week, 2 days ago..
Kings Chambers is delighted with the results of The Planning Law Survey 2022, published on 24th June, with 14 membe… https://t.co/awBOtqm3xr Kings Chambers 1 week, 5 days ago..
© Copyright 2022 Kings Chambers. All rights reserved.