Vitpol Building Service v Samen
The Technology and Construction Court has jurisdiction to determine the existence and terms of the contract even though adjudication has not commenced, and Part 8 proceedings are appropriate unless significant factual disputes requiring oral evidence arise.
- Parties
- Claimant: Vitpol Building Service; Defendant: Michael Samen
- Jurisdiction
- England and Wales
- Judgment Date
- 16 September 2008
- Procedural Posture
- Civil / Case Management Conference
- Outcome
- Court affirms jurisdiction and will make directions for resolution of contractual issues.
- Legal Topics
- Existence of Contract, Contract Terms, Jurisdiction, Adjudication Rights, Procedure Under Part 8
Case Brief
Summary, issues, holding and outcome
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Parties
Vitpol Building Service
Claimant
Michael Samen
Defendant
Procedural Posture
Civil / Case Management Conference
Legal Issues
- 1 Does the court have jurisdiction to determine the existence and/or terms of a contract where adjudication has not yet commenced?
- 2 Is Part 8 procedure appropriate given the factual disputes regarding the contract?
Ratio Decidendi
The Technology and Construction Court has jurisdiction to determine the existence and terms of the contract even though adjudication has not commenced, and Part 8 proceedings are appropriate unless significant factual disputes requiring oral evidence arise.
Court Disposition
Court affirms jurisdiction and will make directions for resolution of contractual issues.
Orders
- Directions to resolve contractual issues to be made after the pre-action protocol meeting.
- Timetable to be set for speedy resolution, allowing defendant proper time to prepare evidence.
Full Case Text
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