Building Law Monthly
Adjudication and Tomlin orders
Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC)
In
Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC) Neil Moody KC, sitting as a Deputy Judge of the High Court, held that the claimant was not entitled
to a declaration that the defendant was prevented by the terms of a Tomlin order from pursuing a subsequent adjudication against
the claimant. The claim brought by the defendant was held, as a matter of construction, not to fall within the scope of the
Tomlin order because it did not arise from, nor was it connected with, the "proceedings" which had been settled by virtue
of the Order. When considering the scope of a Tomlin order, it is therefore vital to ascertain the "proceedings" which fall
within the scope of the Order. Nor was the dispute which the defendant proposed to refer to adjudication the same or substantially
the same as the dispute between the parties which had been the subject of a prior decision by an adjudicator.