23 October 2008
Benfield Construction Ltd v Trudson (Hatton) Ltd [2008] EWHC 2333 (TCC)
Pursuant to cl 39A.7.1 of the JCT standard form, the parties cannot seek a further decision by an adjudicator if the dispute has already been the subject of a decision by an adjudicator. The extent to which a decision is binding will depend on an analysis of the extent of the dispute and the terms, scope and extent of the decision made by the adjudicator. It is necessary to ask whether or not the dispute is the same, or substantially the same, as the original dispute.
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