Forest Heath District Council v ISG Jackson Ltd

There is a substantial dispute of fact regarding the reasons for the decision to paint the steelwork on site, which cannot be resolved under Part 8 procedure without further disclosure and investigation. Furthermore, even if a declaration were made, it would not serve a useful purpose or resolve the underlying dispute regarding extension of time.

Parties: Claimant: Forest Heath District Council; Defendant: ISG Jackson Limited
Jurisdiction: England and Wales
Judgment Date: 22 February 2010
Procedural Posture: Civil (construction Contract Dispute) / Application for Declaration Under CPR Part 8
Outcome: Application for declaration dismissed; no declaration made.
Legal Topics: Extension of Time, Adjudication, Declaratory Relief, Part 8 Proceedings

Construction Law Civil Procedure Extension of Time Adjudication Declaratory Relief Part 8 Proceedings

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Parties

Forest Heath District Council

Claimant

ISG Jackson Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Application for Declaration Under CPR Part 8

Legal Issues

1 Whether the decision to paint the pool hall steelwork on site was due to late finalisation of the steelwork design
2 Whether there is a substantial dispute of fact precluding determination under Part 8
3 Whether a declaration would serve a useful purpose

Ratio Decidendi

Court Disposition

Application for declaration dismissed; no declaration made.