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.