MORGANSTONE LTD v BIRKEMP LTD

[2024] EWHC 933 (TCC), Technology and Construction Court, HHJ Keyser KC sitting as a Judge of the High Court, 25 April 2024

Adjudication – CPR Parts 7 and 8 – Interpretation of contract – Breach of principles of natural justice

The claimant brought Part 8 proceedings in which it sought declarations as to the interpretation of the contract between the parties and that the adjudicator had erred in his approach to the interpretation of that contract. The defendant for its part brought Part 7 proceedings in which it sought to enforce the decision of the adjudicator. HHJ Keyser KC first considered the Part 8 claim before dealing with the Part 7 claim.