Cases - Banner Holdings Ltd v Colchester Borough Council

Record details

Name

Banner Holdings Ltd v Colchester Borough Council

Date

[2010]

Citation

EWHC 139 (TCC)

Legislation

Housing Grants, Constuction and Regeneration Act 1996

Keywords

No limit to type of dispute referred to adjudication

Summary

There is no limit under section 108 of the 1996 Act on the type of dispute that can be referred to adjudication. Therefore disputes as to the right of determination, as in this case, can form the basis of a valid referral. Any contractual provision which attempted to restrict the adjudicator’s jurisdiction therefore failed to comply with the statutory requirements. The scheme provisions were then necessarily introduced as an alternative procedure without such limitation.