TCLARKE CONTRACTING LTD v BELL BUILD LTD

[2024] EWHC 992 (TCC), Technology and Construction Court, Pepperall J, 29 April 2024

Part 8 proceedings – Whether claim appropriate for determination under Part 8

The claimant sought declaratory relief against the defendant in relation to the validity of a purported pay less notice. An adjudicator had decided that the notice was not a valid notice. The claimant sought a declaration both that the notice was valid and that the adjudicator had erred as a matter of law in deciding that it was not valid. The defendant disputed the entitlement of the clamant to make use of Part 8 proceedings and it also maintained that the adjudicator had been correct in reaching the conclusion which he had reached.