Lanes Group Plc v Galliford Try Infrastructure Ltd

Lanes Group Plc v Galliford Try Infrastructure Ltd

The concept of repudiation does not apply to adjudication agreements within construction contracts governed by the Housing Grants, Construction and Regeneration Act 1996, as the statutory right to adjudicate cannot be lost by repudiation. Even if breach occurred, there was no separable agreement to refer the...

Source-derived case information.

Parties
Claimant: Lanes Group PLC; Defendant: Galliford Try Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Adjudication, Repudiation, Bias, Injunctions
Construction Law Contract Law Adjudication Repudiation Bias Injunctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lanes Group PLC

Claimant

Galliford Try Infrastructure Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a party can refer the same dispute to adjudication after abandoning a reference due to dissatisfaction with the nominated adjudicator
  2. 2 Whether failure to serve a referral within the agreed time constitutes a repudiatory breach of the adjudication agreement
  3. 3 Whether the concept of partial repudiation applies to adjudication agreements under the Housing Grants, Construction and Regeneration Act 1996

Ratio Decidendi

The concept of repudiation does not apply to adjudication agreements within construction contracts governed by the Housing Grants, Construction and Regeneration Act 1996, as the statutory right to adjudicate cannot be lost by repudiation. Even if breach occurred, there was no separable agreement to refer the specific dispute to adjudication which could be repudiated. GTI's failure to serve the Referral within time was a breach but not repudiatory, and Lanes' claim for injunction fails.

Court Disposition

Claim dismissed