Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd

Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd

Bell's standard terms and conditions were incorporated into the contract; clause 12.4 complied with section 108 of the 1996 Act; the adjudicator was validly appointed and had jurisdiction; only one dispute was referred; and the CPR Part 8 proceedings were not an abuse of process or inappropriate.

Parties
Claimant: Dalkia Energy and Technical Services Limited; Defendant: Bell Group UK Limited
Jurisdiction
England and Wales
Judgment Date
21 January 2009
Procedural Posture
Civil (construction/contract) / Judgment on CPR Part 8 Claim Regarding Adjudicator's Jurisdiction
Outcome
Claim dismissed; declarations sought by Dalkia refused; adjudicator has jurisdiction.
Legal Topics
Adjudication Under Construction Contracts, Jurisdiction of Adjudicator, Incorporation of Contract Terms, Compliance With Statutory Adjudication Provisions, Abuse of Process, CPR Part 8 Procedure
Construction Law Contract Law Civil Procedure Adjudication Under Construction Contracts Jurisdiction of Adjudicator Incorporation of Contract Terms Compliance With Statutory Adjudication Provisions Abuse of Process +1 more

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Parties

Dalkia Energy and Technical Services Limited

Claimant

Bell Group UK Limited

Defendant

Procedural Posture

Civil (construction/contract) / Judgment on CPR Part 8 Claim Regarding Adjudicator's Jurisdiction

Legal Issues

  1. 1 Whether Bell's standard terms and conditions were incorporated into the contract
  2. 2 Whether clause 12.4 of Bell's terms complied with section 108 of the Housing Grants, Construction and Regeneration Act 1996
  3. 3 Whether the adjudicator was properly appointed and had jurisdiction

Ratio Decidendi

Bell's standard terms and conditions were incorporated into the contract; clause 12.4 complied with section 108 of the 1996 Act; the adjudicator was validly appointed and had jurisdiction; only one dispute was referred; and the CPR Part 8 proceedings were not an abuse of process or inappropriate.

Court Disposition

Claim dismissed; declarations sought by Dalkia refused; adjudicator has jurisdiction.

Orders

  • The claim is dismissed.
  • The adjudicator has the necessary jurisdiction to determine the dispute between the parties.