Captiva Estates Ltd v Rybarn Ltd

Captiva Estates Ltd v Rybarn Ltd

The contract between Captiva and Rybarn includes provisions for the grant or disposal of a relevant interest in land (the option to take leases of seven flats), thus falling within the definition of a development agreement under the Exclusion Order and is excluded from Part 2 of the Housing Grants Construction and Regeneration Act. Consequently, the adjudication commenced was invalid and the adjudicator had no jurisdiction.

Parties
Claimant: Captiva Estates Ltd.; Defendant: Rybarn Ltd. (In Administration)
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil / Judgment
Outcome
Declarations granted in favour of Captiva; contract excluded from Part 2 of the Act; adjudication invalid; adjudicator had no jurisdiction.
Legal Topics
Development Agreements, Statutory Adjudication, Exclusion Orders
Construction Law Contract Law Development Agreements Statutory Adjudication Exclusion Orders

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Parties

Captiva Estates Ltd.

Claimant

Rybarn Ltd. (In Administration)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the contract is excluded from Part 2 of the Housing Grants Construction and Regeneration Act by virtue of the Construction Contracts Exclusion Order 1998
  2. 2 Whether the adjudication commenced by Rybarn is valid
  3. 3 Whether the adjudicator had jurisdiction

Ratio Decidendi

The contract between Captiva and Rybarn includes provisions for the grant or disposal of a relevant interest in land (the option to take leases of seven flats), thus falling within the definition of a development agreement under the Exclusion Order and is excluded from Part 2 of the Housing Grants Construction and Regeneration Act. Consequently, the adjudication commenced was invalid and the adjudicator had no jurisdiction.

Court Disposition

Declarations granted in favour of Captiva; contract excluded from Part 2 of the Act; adjudication invalid; adjudicator had no jurisdiction.

Orders

  • Contract declared excluded from Part 2 of the Housing Grants Construction and Regeneration Act
  • Adjudication commenced by Rybarn declared invalid