KAJIMA CONSTRUCTION EUROPE (UK) LTD AND ANOTHER V CHILDREN'S ARK PARTNERSHIP LTD

[2023] EWCA Civ 292, Court of Appeal, Civil Division, Lord Justice Holroyde, Lord Justice Coulson and Lord Justice Popplewell, 17 March 2023

Alternative dispute resolution – Dispute resolution procedure – Whether dispute resolution procedure binding – Effect of breach of dispute resolution procedure – Civil Procedure Rules, Part 11

In June 2004 Brighton and Sussex University Hospital NHS Trust (the Trust) engaged the respondent (CAP) under a project agreement to design, build and finance the redevelopment of the Royal Alexandra Hospital for Sick Children in Brighton.