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Tomlin Orders and adjudication

Building Law Monthly

Tomlin Orders and adjudication

In Fairgrove Homes Ltd v Monument Two Ltd [2021] EWHC 3450 (TCC), [2022] 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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