Westminster Building Company Ltd. v Beckingham

Westminster Building Company Ltd. v Beckingham

The contract incorporated the JCT Intermediate Form with an adjudication clause by conduct and agreement; the capping agreement was a variation, not a standalone settlement, and disputes as to its enforceability arose under the contract; the adjudication clause was not unfair and was binding on Mr Beckingham; the adjudicator's decision was within jurisdiction and enforceable.

Parties
Claimant: Westminster Building Company Limited; Defendant: Andrew Beckingham
Jurisdiction
England and Wales
Judgment Date
20 February 2004
Procedural Posture
Civil / Judgment on Application to Enforce Adjudicator's Decision
Outcome
Judgment for claimant; adjudicator's decision enforced
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Unfair Terms in Consumer Contracts Regulations 1999, Contract Formation, Variation and Consideration
Construction Law Contract Law Consumer Protection Adjudication Enforcement Jurisdiction of Adjudicator Unfair Terms in Consumer Contracts Regulations 1999 Contract Formation Variation and Consideration

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Parties

Westminster Building Company Limited

Claimant

Andrew Beckingham

Defendant

Procedural Posture

Civil / Judgment on Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the contract incorporated the JCT Intermediate Form and an adjudication clause
  2. 2 Whether the capping agreement precluded adjudication or was a variation
  3. 3 Whether the adjudication clause was unfair under the Unfair Terms in Consumer Contracts Regulations 1999

Ratio Decidendi

The contract incorporated the JCT Intermediate Form with an adjudication clause by conduct and agreement; the capping agreement was a variation, not a standalone settlement, and disputes as to its enforceability arose under the contract; the adjudication clause was not unfair and was binding on Mr Beckingham; the adjudicator's decision was within jurisdiction and enforceable.

Court Disposition

Judgment for claimant; adjudicator's decision enforced

Orders

  • Judgment for Westminster Building Company Limited in the sum claimed (£122,409.16 plus interest of £2,350.18)