University of Brighton v Dovehouse Interiors Ltd [2014] EWHC 940 (TCC)

4th Apr 2014

University of Brighton v Dovehouse Interiors Ltd [2014] BLR 432, 153 Con LR 147, [2014] EWHC 940 (TCC)

Defence of an application for declaratory relief as to the effect of a conclusive evidence clause in the JCT Standard Form.

The Court decided that adjudication proceedings were “commenced” upon service of a Notice of Adjudication pursuant to paragraph 1 of the Scheme, and not upon the issue of a Referral Notice under paragraph 7 thereof.

It held that the invalidity of a subsequent Referral Notice did not invalidate that Notice of Adjudication so as to entail that the adjudication proceedings had not been commenced for the purpose of a “conclusive evidence” clause.

Favourable declarations obtained.

(Instructed by Thomas Eggar LLP)

Related barristers: Serena Cheng

To read the full judgment please click here.

4 April 2014

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