ADJUDICATION, INCORPORATION AND UNFAIR CONTRACT TERMS

Bryen & Langley Ltd v Boston [2005] EWCA Civ 973

In Bryen & Langley Ltd v Boston [2005] EWCA Civ 973 the Court of Appeal allowed an appeal from the decision of Judge Richard Seymour QC (on which see our April 2005 issue, pp. 8–12). It held that a term making provision for adjudication had been incorporated into the contract between the parties. The Court of Appeal found on the evidence that the parties had reached agreement on all of the terms of the building contract and the fact that they anticipated that a formal contract would be drawn up did not preclude the immediate existence of a contract between the parties which incorporated the adjudication provisions of the JCT Form. The Court of Appeal also rejected the submission that the adjudication provisions constituted an unfair contract term within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 (SI No 2083).