Residential occupier tests

Under section 106 of the Construction Act 1996, parties to a construction contract have a right to refer a dispute to adjudication. However, this right does not exist in the case of a ‘residential occupier’. The recent case of Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC) is valuable in that the High Court has set out the key parameters of the so-called ‘residential occupier test’ and should thus operate as useful guidance to parties unsure of whether a current or potential dispute is suitable for adjudication.

If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.

Briefings from Walker Morris

  • Luxury fashion items and trademark infringement

    Intellectual property disputes involving retailers and fashion are all too common; another one to have troubled the courts in recent months is Thomas Pink v Victoria’s Secret UK.

  • Cookies as registered Community designs

    In Biscuits Poult SAS v OHIM, the applicant for invalidity challenged the registration on the basis that the design in question was not new and lacked individual character. 

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Kings Court
12 King Street
Leeds
LS1 2HL
UK
http://www.walkermorris.co.uk

Turnover (£m): 42.00
No. of Lawyers: 181