HT-2023-000415 - [2024] EWHC 1199 (TCC)

In support of its submissions, Dawnvale relies upon a witness statement dated 9th November 2023 from its solicitor, Wendy Miles. Hylgar relies upon a witness statement dated 24th November 2023 from its solicitor, David Jackson.

Dawnvale advances two broad arguments. First, it says that the new claim is caught by paragraph 4 of the Schedule to the Tomlin Order. Secondly, it says that the new claim is barred because it seeks referral to adjudication of a dispute which has already been determined.

In response, Hylgar says that, upon a proper construction of the Tomlin Order, its new claim was not settled, and further that it amounts to a fresh dispute and so it can be referred to a second adjudication. Hylgar makes clear that it is not seeking to determine again the question of whether Dawnvale repudiated the contract; rather it seeks to determine its entitlement to additional heads of loss and their quantum.

I turn to address these arguments.