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23 October 2009
Issue: 7390 / Categories: Case law , Law reports
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Construction law—Adjudication—Jurisdiction

Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction Ltd, [2009] EWHC 2218 (TCC), [2009] All ER (D) 125 (Oct)

Queen’s Bench Division, Technology and Construction Court,  Akenhead J, 1 September 2009

The Technology and Construction Court has considered authority on jurisdiction and bias in the context of adjudicators under construction contracts.

Martin Bowdery QC (instructed by Mayer Brown International LLP) for the claimant. Stephen Furst QC (instructed by Hawkswell Kilvington) for the defendant.

The defendant was the main contractor on a project at Castle Hill Hospital, Hull. It sub-contracted part of the works to the claimant. Delays occurred and a dispute arose as to whether extensions of time had been due to the claimant. In September 2008, the claimant served a notice of adjudication on the defendant and an adjudicator was appointed (the first adjudicator).

The adjudication notice limited the dispute to the defendant’s right to make deductions and the claimant’s entitlement to an extension of time because of the defendant’s failure to provide the claimant with access to commence the works. The notice specified that,

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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