Reported Cases

Nature of case

This decision has attracted considerable interest because of the “seven propositions” by which the dispute/no dispute issue is to be decided for the purposes of ICE 5th Clause 66.   The “Thelwall Viaduct” case, as it is known, also concerns the scope of the engineer’s decision-making jurisdiction.  Permission was granted to appeal to the Court of Appeal (see below).  Note that the decision expressly relates adjudication cases to arbitration.

See other reports:

[2005] 1 WLR 2339 CA
[2005] Con LJ Vol.21 No.8 p.640 CA
[2005] 101 Con LR 26 CA
[2005] CILL 2228 and [2005] BLR 227 CA
 

Counsel:

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