COMMENCEMENT OF LITIGATION DOES NOT OF ITSELF PREVENT PARTY FROM SEEKING ADJUDICATION

Herschel Engineering Ltd v Breen Property Ltd [2000] BLR 272

In Herschel Engineering Ltd v Breen Property Ltd [2000] BLR 272 Mr Justice Dyson considered the relationship between litigation and adjudication. In particular, he held that the fact that a contracting party has instituted proceedings in the County Court does not of itself prevent that party from later seeking adjudication of the same dispute. He held that section 108(2) of the Housing Grants, Construction and Regeneration Act 1996 entitles a party to make a reference to adjudication ‘at any time’, so that it is open to a party to make a reference to adjudication even after he has issued court proceedings in respect of the same dispute.