Archive for February 12th, 2016

Deluxe Art & Theme Limited v Beck Interiors Limited [2016] EWHC 238 (TCC).

12/02/2016 | Nik Haria
Today Judgment was handed down in the case of Deluxe Art & Theme Limited v Beck Interiors Limited EWHC 238 (TCC). The case is of significance because it is the first time the Court has provid

Today Judgment was handed down in the case of Deluxe Art & Theme Limited v Beck Interiors Limited [2016] EWHC 238 (TCC).

The case is of significance because it is the first time the Court has provided guidance on a wider interpretation of Paragraph 8(1) of Part 1 of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011.

It was held that Paragraph 8(1) applies to circumstances where the same adjudicator is adjudicating in respect of two separate adjudications, under the same contract, at the same time.  In such circumstances the Court has held that in order for the adjudicator to proceed in the second adjudication, the consent of the parties is required.

Accordingly, Beck were able to resist enforcement of an adjudicator’s decision in this case as the adjudicator did not have the consent of the parties in respect of a subsequent adjudication under the same contract.

 

The Claimant, Deluxe Art &The Limited, was represented by Mr Choat of Atkin Chambers and the Defendant, Beck Interiors Limited, was represented by Ms. Brenna Conroy of Hardwicke Chambers instructed by Nik Haria of Rosenblatt.

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