McGrigors LLP -

July 2009

e-bulletin
Construction & Engineering Team

Can You Lose Your Right to Adjudicate? - Post Script

Following our recent e-bulletin reporting on the Glasgow Sheriff Court decision in Phoenix Contracts (Leicester) Limited -v- Central Building Contractors (Glasgow) Limited, it seems that, for the moment at least, the answer to the above question has changed from "yes" to "no".

CBC's appeal against the interdict preventing it from proceeding with an adjudication, was yesterday granted by the Sheriff Principal. No written note of the Sheriff Principal's ruling is currently available, but it seems that, at least on the facts of that case, Phoenix was unable to sustain its argument that CBC's right to adjudicate had been lost.

We understand that leave was granted by the Sheriff Principal for his decision to be appealed to the Inner House of the Court of Session in Edinburgh, so if that option is taken up by CBC, we may not have heard the end of this matter yet.

In the meantime, if the right circumstances prevail, it may still be possible successfully to argue that your opponent's right to adjudicate has been lost; albeit we suspect that such circumstances would be very limited.

David Scott
Partner
Tel +44 (0)131 777 7023
Email david.scott@mcgrigors.com

Kenneth Hill
Solicitor
Tel +44 (0)131 777 7454
Email kenneth.hill@mcgrigors.com

www.mcgrigors.com

This bulletin is provided for general information purposes only and does not constitute legal or other professional advice. If you require advice on a specific legal problem please contact the relevant partner listed on our website or alternatively you can send an e mail to enquiries@mcgrigors.com McGrigors LLP accepts no responsibility for any loss which may arise from reliance on information contained in this bulletin. Links to external websites are provided for information only. McGrigors LLP takes no responsibility for the content of these external web-sites nor for any viruses transmitted through the links. The views expressed in this newsletter are not necessarily those of McGrigors LLP.

All rights reserved. The content of these pages may not be altered, reproduced, recorded, transmitted, stored in a retrieval system or made available in whole or in part in whatever medium, without the prior written consent of McGrigors LLP. © McGrigors LLP 2009

This email has been sent to you by McGrigors LLP, a limited liability partnership, the registered details of which are given in the disclaimer below. If you do not wish to receive marketing communications of this kind from McGrigors in the future, please give us notice to that effect by contacting marketing@mcgrigors.com and we will arrange for your email address to be removed from our marketing database. We use your personal information in accordance with our Privacy Notice (available on our website).