Hillcrest Homes Ltd v Beresford and Curbishley Ltd — further uncertainty over scope of adjudicator’s decision?
The recent case of Hillcrest Homes Ltd v Beresford and Curbishley Ltd  EWHC 280 (TCC) has caused some controversy in the legal market, as it now seems that claims for misrepresentation and negligent misstatement in most cases will not be considered as claims arising ‘under the contract’ under section 108 of the Housing Grants, Construction and Regeneration Act 1996. This causes a problem for adjudicators, as such disputes will now likely fall out with their jurisdiction.
As noted in previous articles, the courts in recent years have shown a strong trend in enforcing adjudicators’ decisions, the only exceptions really being cases with successful jurisdictional challenges or a finding of a breach of natural justice. This case suggests that more disputes may fall out with an adjudicator’s jurisdiction, with any decision thereon being unenforceable.
In this case, the claimant, Hillcrest Homes, is a property developer, and the defendant, Beresford and Curbishley Ltd (BCL), a building contractor. The parties entered into a building contract (a design and build contract in the JCT Standard Form [2005 Edition, Revision 2, 2009]), which provided that if ‘any dispute or difference arises under the contract’ it could be referred to adjudication under the Scheme for Construction Contracts 1998…
Click on the link below to read the rest of the Shepherd & Wedderburn briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shepherd and Wedderburn
News from The Lawyer
Briefings from Shepherd and Wedderburn
The Pension Liberation Industry Group has issued a Code of Good Practice to provide guidance on the due diligence trustees and providers should carry out when dealing with transfer requests.
One of the longest-running debates about the interpretation of the Environmental Information Regulations is the extent to which they can apply to private bodies. A recent decision brings some clarity to the issue.
Analysis from The Lawyer
With banking, personal injury and M&A all down, law firm mergers are in the bracing Scottish air