Westshield Civil Engineering Ltd and another company v Buckingham Group Contracting Ltd [2013] EWHC 1825 (TCC), [2013] All ER (D) 10 (Jul)
Queen’s Bench Division, Technology and Construction Court, Aikenhead J, 28 Jun 2013
Proceedings in England and Wales are started (or synonymously “commenced”) when those proceedings are issued by the court; not when they are served on the other party.
Vincent Moran QC (instructed by Pannone LLP) for the claimants. Serena Cheng (instructed by Trowers & Hamlin LLP) for the defendant
The defendant company (Buckingham) was the main contractor engaged in 2011 to construct a new studio for the well-known television “soap”, Coronation Street in Salford. The second claimant, WL, undertook subcontracted works. The sub-contractor was named as the first claimant (WCE), a dormant company owned by one or more of the same shareholders as WL.
The sub-contract works were finished in July 2012. Clause 14(6) of the sub-contract provided that: “Should either party be dissatisfied with the decision of the adjudicator that party may within 28 days of the adjudicator’s decision refer the dispute to either legal proceedings or arbitration in accordance
