i-law

Building Law Monthly

Contractual interpretation and Part 8 proceedings

In Workman Properties Ltd v ADI Building and Refurbishment Ltd [2024] EWHC 2627 (TCC) His Honour Judge Stephen Davies, sitting as a Judge of the High Court, held that the claimant was entitled to various declarations relating to the interpretation of a construction contract between the parties. He rejected the defendant's objection that the present case was not suitable for determination by Part 8 proceedings given his finding that there were no disputed issues of fact which made it inappropriate for him to decide the question of contractual interpretation in Part 8 proceedings. It is also worth noting the comments made by the judge in relation to the failure of the parties properly to engage with the guidance given in connection with the way in which cases of this sort should be handled and his observations in relation to the choice of the London TCC as the venue for the hearing when a choice of either Birmingham or Bristol would have been more consistent with the guidance given in the relevant Practice Direction.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.