BERKELEY HOMES (SOUTH EAST LONDON) LTD v JOHN SISK AND SON LTD

[2023] EWHC 2152 (TCC), Technology and Construction Court, Mr Neil Moody KC sitting as a Judge of the High Court, 24 August 2023

Part 8 of the Civil Procedure Rules – Contract interpretation – Case not suitable for Part 8

The dispute between the parties was a dispute between an employer and a contractor as to which party was liable for alleged omissions and errors in a design. The claimant's case was that the dispute could be resolved as a matter of "pure contractual construction" under Part 8 of the Civil Procedure Rules, whereas the defendant resisted the attempt to rely on Part 8 on the ground that "the proper construction of the contract necessitates considering substantial disputes of fact".