ADJUDICATION AND THE PRE-ACTION PROTOCOL PROCESS

Vitpol Building Service v Samen [2008] EWHC 2283 (TCC), 16 September 2008

The issue before the court in Vitpol Building Service v Samen [2008] EWHC 2283 (TCC), 16 September 2008, was whether the Technology and Construction Court has jurisdiction to decide a dispute as to the existence and/or terms of a contract, in circumstances where it is said that the court’s decision will determine whether or not the claimant has the right to adjudicate, but where there is presently no adjudication (or even reference to adjudication), and there has instead been an almost completed pre-action protocol process. Mr Justice Coulson concluded that it was not open to the court to deprive the claimant of its right to adjudicate but also held that no direction should take effect until some time after the pre-action protocol meeting scheduled to take place between the parties had taken place.