ADJUDICATION, CONTRACTS IN WRITING AND FAILURE TO COMPLY WITH A COURT ORDER

Aceramais Holdings Ltd v Hadleigh Partnerships Ltd [2009] EWHC 1664 (TCC), [2009] All ER (D) 179 (Jul)

In Aceramais Holdings Ltd v Hadleigh Partnerships Ltd [2009] EWHC 1664 (TCC), [2009] All ER (D) 179 (Jul), Judge Frances Kirkham held that the parties had entered into a contract in writing which satisfied the requirements of s107 of the Housing Grants, Construction and Regeneration Act 1996. This was so, notwithstanding the fact that the defendant had not signed the copy of the contract which had been sent to it by the claimant. It was also held that the claimant had failed to comply with rule 31.10 of the Civil Procedure Rules and that, as a result the claimant’s claim stood struck out and, had it been necessary to decide the issue, Judge Kirkham would have been reluctant to exercise her discretion in favour of making the order sought by the claimant.