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03 December 2009
Issue: 7396 / Categories:
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Law digest: 4 December 2009

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Adjudication; Immigration; Practice; Third party debt orders

Adjudication

Allied P & L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC), [2009] All ER (D) 240 (Nov)

It was established by authority that:

(a) to enable a dispute or difference to arise, there had to be a claim, an assertion or adoption of a position by one party which was expressly or by implication rejected or at least not accepted by the other. The claim, assertion, rejection or non-acceptance did not need to be in writing or to be in any form or necessarily be detailed.

(b) The claim, assertion or adoption of the position had to be communicated to the other party. It could not be enough to create a dispute that one party simply believed in its own mind (without any communication to the other) that if it was to make a claim it would in all probability be rejected by the other party.

(c) One had to look at the history and the context in which the dispute was said to have arisen but the

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