JOINT CONTRACTORS, ADJUDICATION AND TIME LIMITS

Connex South Eastern Ltd v MJ Building Services Group plc [2005] EWCA 193; [2005] All ER (D) 14 (Mar)

In Connex South Eastern Ltd v MJ Building Services Group plc [2005] EWCA 193; [2005] All ER (D) 14 (Mar) the Court of Appeal allowed an appeal from the decision of Judge Havery QC (on which see our October 2004 issue, pp. 8–12) on the ground that the judge had erred in concluding that the claimant and Connex South Central Ltd were joint contractors. But, perhaps more importantly, the Court of Appeal held that Judge Havery had been correct to conclude that the words ‘at any time’ in s108(2)(a) of the Housing Grants, Construction and Regeneration Act 1996 had to be given their literal meaning. There was therefore no time limit within which a dispute must be referred to adjudication. While the right to refer a dispute to adjudication may be waived or a party may be estopped from making a reference, the limitation period does not operate as a bar to the right to refer matters to adjudication. Accordingly, a party may be entitled to refer a dispute to adjudication after the expiry of the limitation period.