Cases - Lead Technical Services Ltd v CMS Medical Ltd
Record details
- Name
- Lead Technical Services Ltd v CMS Medical Ltd
- Date
- [2007]; (2007)
- Citation
- EWCA Civ 316; BLR 251; 116 Con LR 192
- Legislation
- Keywords
- Construction contracts - adjudication - jurisdiction - appointment of adjudicator - construction contract in writing - supplementary oral contractual terms - agreement to cap fees - summary judgment - enforcement - Housing Grants, Construction and Regeneration Act 1996
- Summary
-
Lead Technical Services Ltd (LTS) had proceeded by way of an adjudication against CMS Medical Ltd (CMS) for unpaid fees and had won. This action arose out of their attempts to enforce the decision of the adjudicator.
The Court of Appeal rejected LTS's claim on 2 grounds. Firstly, the Court of Appeal held that the adjudicator had not been appointed by the correct adjudicator nominating body and therefore had no jurisdiction. Secondly, the Court of Appeal held that the relevant contract was not a contract in writing as there were supplementary oral terms that had not been confirmed in writing.