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

Fecha: 20-May-2024

These proceedings

III. These proceedings

By a letter dated 12^th October 2023, Dawnvale’s solicitors rejected the new claim on the basis that the Order had resolved “any and all claims arising from the dispute between the parties.”

10.

By these Part 8 proceedings, Dawnvale seeks to prevent Hylgar from referring the new claim to adjudication. Dawnvale seeks the following relief:

A declaration that the Settlement Agreement (Tomlin Order) dated 24^th August 2021 precludes Hylgar from referring a dispute claiming further or additional relief in respect of the established breach of the Contract as now alleged or otherwise howsoever;

An order prohibiting Hylgar from referring its proposed dispute claiming further or additional relief in respect of the established breach of the Contract to adjudication;

A declaration that Hylgar’s proposed dispute claiming further relief in respect of the established breach of the Contract does not fall within the scope of a ‘dispute’ for the purposes of s108(1) HGCRA and/or would be barred from being adjudicated by reason of paragraph 9(2) of the Scheme for Construction Contracts.

11.

Hylgar has not opposed the use of Part 8. I consider that these issues are eminently suitable for determination under the Part 8 procedure. The meaning of the Tomlin Order is a question of contractual construction and the factual background is uncontentious. The question as to whether the new claim is part of the original dispute is a question of mixed fact and law, and again the factual background is uncontentious.