Building Law Monthly
Tomlin Orders and adjudication
Fairgrove Homes Ltd v Monument Two Ltd  EWHC 3450 (TCC),  BLR 140, Morris J held that the principles applied by the courts to the interpretation of
commercial contracts are also applicable to the interpretation of a Tomlin Order (being an order of the court under which
court action is stayed on terms that have been agreed between the parties in advance and are included in a schedule to the
court order). The Tomlin Order had been agreed on the day before proceedings brought by the claimant in order to enforce the
decision of an adjudicator were scheduled to be heard. On the facts of the case Morris J held that the construction of the
order advanced on behalf of the claimant was the correct one and he held that the claimant was entitled to payment of the
sum sought to be recovered.
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