PART 8 OF THE CPR, JURISDICTION AND TIME LIMITS

Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd [2009] EWHC 73 (TCC), [2009] All ER (D) 283 (Feb)

In Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd [2009] EWHC 73 (TCC), [2009] All ER (D) 283 (Feb) Mr Justice Coulson held that the claimants were not entitled to a declaration that the adjudicator lacked jurisdiction to decide the dispute which had been referred to him. Only one dispute had been referred to him, he had been validly appointed according to the defendants’ terms and conditions which had been incorporated into the contract, he reached his decision within the required time limits and the fact that his decision had been issued slightly outside of these time limits did not invalidate the decision. He also considered the circumstances in which it is appropriate to invoke Part 8 of the Civil Procedure Rules.