Grasping the nettle (Karen Gough writes as guest editor for Construction Law)
Karen Gough writes as guest editor for Construction Law in October 2021 and discusses the TCC's decision in the case of Changing Climates Limited v Warmaway Limited where the court was prepared to decide a dispute based on a contract which was partly oral with some evidence in writing in order to enforce an adjudicator's decision. Such issues, going to the jurisdiction of the adjudicator to decide the dispute at all are often sufficient to undermine the enforcement process. Here the court considered all the evidence and decided there was a contract between the parties and enforced the adjudicator's decision. Karen concluded that the court's robust approach to this dispute and this decision is encouraging for many smaller firms who carry out works, often on the basis of oral contracts or incomplete written negotiations and then find themselves unpaid and at risk, even with an adjudication decision in their favour, of being unable to enforce it.
Karen represented the successful Claimant in the enforcement proceedings, instructed by Barton Legal Limited, Leeds.
You can read the full article here (behind subscription paywall).