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
