HT-2025-LDS-000008 - [2025] EWHC 2224 (TCC)

Fecha: 04-Abr-2025

The Issues

The Issues

30.

The parties broadly agree on the issue to be determined. Does the Defendant have a real prospect of successfully arguing that the Claimant either deliberately or recklessly made a false statement in the process of applying to the RICS for the appointment of an adjudicator for the fifth adjudication?

31.

In order to consider this issue, it is necessary to consider the following in the context of the application for summary judgment:

(1)

What was the information provided by the Claimant to the RICS asserting that there was a dispute between the Claimant and Mr Bunker?

(2)

Was the information provided false or, in other words, do the facts relied upon establish a dispute between the Claimant and Mr Bunker?

(3)

Was the false information given either deliberately or recklessly as to its truth?

32.

In addition to that false statement issue, the Defendant also asserts that there would in any event be a breach of an implied term to act honestly and transparently in respect of the nomination process when seeking an adjudicator. Further and in any event, if the Defendant is not successful in its primary arguments, in the circumstances of this case, the Defendant asserts that enforcement of the sum should be stayed in any event.