Capital Structures Plc v Time & Tide Construction Ltd

Capital Structures Plc v Time & Tide Construction Ltd

There is an arguable case of economic duress and an arguable case that the defendants effectively avoided the settlement agreement, which, if established, would deprive the adjudicator of jurisdiction. Leave to defend is granted on terms of payment into court.

Parties
Claimant: Capital Structures PLC; Defendant: Time & Tide Construction Ltd.
Jurisdiction
England and Wales
Judgment Date
08 March 2006
Procedural Posture
Civil (construction Dispute) / Summary Judgment Application Under Part 24 CPR
Outcome
Leave to defend granted on terms
Legal Topics
Economic Duress, Adjudication, Settlement Agreements, Jurisdiction of Adjudicator
Contract Law Construction Law Economic Duress Adjudication Settlement Agreements Jurisdiction of Adjudicator

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Parties

Capital Structures PLC

Claimant

Time & Tide Construction Ltd.

Defendant

Procedural Posture

Civil (construction Dispute) / Summary Judgment Application Under Part 24 CPR

Legal Issues

  1. 1 Whether the settlement agreement was entered into under economic duress
  2. 2 Whether the adjudicator had jurisdiction if the agreement was voidable for duress
  3. 3 Whether the adjudication provision survives avoidance of the contract

Ratio Decidendi

There is an arguable case of economic duress and an arguable case that the defendants effectively avoided the settlement agreement, which, if established, would deprive the adjudicator of jurisdiction. Leave to defend is granted on terms of payment into court.

Court Disposition

Leave to defend granted on terms

Orders

  • Defendant to pay £29,000 into court to abide the event
  • Costs reserved to the trial judge