Vitpol Building Service v Samen [2008] EWHC 2283 (TCC) (16 September 2008)

Vitpol Building Service v Samen [2008] EWHC 2283 (TCC) (16 September 2008)

The TCC has jurisdiction to determine the existence and/or terms of a contract even where no adjudication has commenced, and the Part 8 procedure is appropriate at this stage as the dispute is primarily documentary. The proceedings should not be stayed, but directions should not take effect until after the...

Source-derived case information.

Citation
[2008] EWHC 2283 (TCC)
Parties
Claimant: Vitpol Building Service; Defendant: Michael Samen
Jurisdiction
England and Wales
Judgment Date
16 September 2008
Procedural Posture
Part 8 Claim for Declaratory Relief / Case Management Conference; Preliminary Jurisdictional and Procedural Issues
Outcome
Court holds it has jurisdiction and that Part 8 is appropriate; no stay granted; directions to be made after pre-action protocol meeting.
Legal Topics
Jurisdiction of TCC, Existence and Terms of Contract, Right to Adjudicate, Appropriateness of Part 8 Procedure, Pre Action Protocol
Construction Law Civil Procedure Jurisdiction of TCC Existence and Terms of Contract Right to Adjudicate Appropriateness of Part 8 Procedure Pre Action Protocol

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Summary, issues, holding and outcome

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Parties

Vitpol Building Service

Claimant

Michael Samen

Defendant

Procedural Posture

Part 8 Claim for Declaratory Relief / Case Management Conference; Preliminary Jurisdictional and Procedural Issues

Legal Issues

  1. 1 Does the TCC have jurisdiction to determine the existence and/or terms of a contract in the absence of a commenced adjudication?
  2. 2 Is the Part 8 procedure appropriate given the nature of the factual disputes?
  3. 3 Should proceedings be stayed pending a pre-action protocol meeting?

Ratio Decidendi

The TCC has jurisdiction to determine the existence and/or terms of a contract even where no adjudication has commenced, and the Part 8 procedure is appropriate at this stage as the dispute is primarily documentary. The proceedings should not be stayed, but directions should not take effect until after the pre-action protocol meeting.

Court Disposition

Court holds it has jurisdiction and that Part 8 is appropriate; no stay granted; directions to be made after pre-action protocol meeting.

Orders

  • Proceedings to continue under Part 8 for determination of contractual issues.
  • No stay granted; directions to take effect after pre-action protocol meeting.