Lanes Group plc v Galliford Try Infrastructure Ltd [2011] EWHC 1035 (TCC), [2011] All ER (D) 10 (May)
Queen’s Bench Division, Technology and Construction Court, Akenhead J, 19 Apr 2011
The Technology and Construction Court has ruled on the circumstances when a party who institutes a reference to adjudication, but does not want to proceed with the nominated adjudicator, may proceed with another reference for the same dispute.
Karen Gough (instructed by Barton Legal) for the claimant. Piers Stansfield (instructed by McGrigors) for the defendant.
The defendant company was a main contractor engaged to carry out refurbishment works at a train maintenance depot. It engaged the claimant company as a sub-contractor for certain roofing and glazing works. The sub-contract between the parties incorporated the CECA Form of Sub-Contract (July 1998, February 2008 Amendment). Clause 18B(1)(a) gave each party a right to refer any matter in dispute in relation to the sub-contract to adjudication, and provided that the adjudication was to be conducted under The Institution of Civil Engineers Adjudication Procedure (1997) (the AP), which was issued by the Institute of Civil Engineers. Paragraph 4.1 of the AP
