Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc

There is no implied term entitling the unsuccessful party in adjudication to repayment if successful in subsequent litigation; the cause of action for a negative declaration accrues from the date of contract performance, and both claim and counterclaim are barred by limitation. No separate cause of action in restitution arises from payment made under an adjudicator's decision.

Parties
Claimant: Aspect Contracts (Asbestos) Limited; Defendant: Higgins Construction PLC
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Civil / Judgment
Outcome
Both claim and counterclaim dismissed as statute-barred.
Legal Topics
Implied Terms, Limitation of Actions, Adjudication, Restitution, Negative Declarations
Contract Law Construction Law Civil Procedure Implied Terms Limitation of Actions Adjudication Restitution Negative Declarations

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Parties

Aspect Contracts (Asbestos) Limited

Claimant

Higgins Construction PLC

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an implied term exists entitling the unsuccessful party in adjudication to repayment if successful in subsequent litigation
  2. 2 When the limitation period accrues for a claim to recover sums paid pursuant to an adjudicator's decision
  3. 3 Whether a claim in restitution arises from payment made under an adjudicator's decision

Ratio Decidendi

There is no implied term entitling the unsuccessful party in adjudication to repayment if successful in subsequent litigation; the cause of action for a negative declaration accrues from the date of contract performance, and both claim and counterclaim are barred by limitation. No separate cause of action in restitution arises from payment made under an adjudicator's decision.

Court Disposition

Both claim and counterclaim dismissed as statute-barred.

Orders

  • Claim dismissed
  • Counterclaim dismissed