Peterborough City Council v Enterprise Managed Services Ltd [2014] EWHC 3193 (TCC) (10 October 2014)

Peterborough City Council v Enterprise Managed Services Ltd [2014] EWHC 3193 (TCC) (10 October 2014)

The contract requires disputes to be referred to adjudication and amicable settlement as a precondition to litigation; the Council has not made out a compelling case to displace the presumption in favour of contractual dispute resolution, so the action must be stayed.

Citation
[2014] EWHC 3193 (TCC)
Parties
Claimant: Peterborough City Council; Defendant: Enterprise Managed Services Ltd
Jurisdiction
England and Wales
Judgment Date
10 October 2014
Procedural Posture
Application for Stay of Proceedings / Interlocutory
Outcome
Action stayed pending adjudication
Legal Topics
Dispute Resolution, Adjudication, Stay of Proceedings, FIDIC Contracts
Construction Law Contract Law Dispute Resolution Adjudication Stay of Proceedings FIDIC Contracts

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Parties

Peterborough City Council

Claimant

Enterprise Managed Services Ltd

Defendant

Procedural Posture

Application for Stay of Proceedings / Interlocutory

Legal Issues

  1. 1 Whether the contract requires disputes to be referred to adjudication as a precondition to litigation
  2. 2 Whether the adjudication provisions are enforceable
  3. 3 Whether the action should be stayed pending adjudication

Ratio Decidendi

The contract requires disputes to be referred to adjudication and amicable settlement as a precondition to litigation; the Council has not made out a compelling case to displace the presumption in favour of contractual dispute resolution, so the action must be stayed.

Court Disposition

Action stayed pending adjudication

Orders

  • The action brought by Peterborough City Council is stayed.
  • The parties are to resolve their dispute in accordance with the contractual adjudication and amicable settlement procedures.