Capital Structures Plc v Time & Tide Construction Ltd [2006] EWHC 591 (TCC) (08 March 2006)

Capital Structures Plc v Time & Tide Construction Ltd [2006] EWHC 591 (TCC) (08 March 2006)

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

Citation
[2006] EWHC 591 (TCC)
Parties
Claimant: Capital Structures PLC; Defendant: Time & Tide Construction Ltd.
Jurisdiction
England and Wales
Judgment Date
08 March 2006
Procedural Posture
Summary Judgment Application (cpr Part 24) / High Court, Technology & Construction Court, Pre Trial
Outcome
Leave to defend granted on terms; summary judgment refused.
Legal Topics
Economic Duress, Settlement Agreements, Adjudication Provisions, Jurisdiction of Adjudicator, Enforcement of Adjudication Awards
Contract Law Construction Law Civil Procedure Economic Duress Settlement Agreements Adjudication Provisions Jurisdiction of Adjudicator Enforcement of Adjudication Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Capital Structures PLC

Claimant

Time & Tide Construction Ltd.

Defendant

Procedural Posture

Summary Judgment Application (cpr Part 24) / High Court, Technology & Construction Court, Pre Trial

Legal Issues

  1. 1 Whether economic duress rendered the settlement agreement voidable
  2. 2 Whether the adjudicator had jurisdiction if the agreement was avoided
  3. 3 Whether adjudication provisions survive contract avoidance

Ratio Decidendi

There is an arguable case that the settlement agreement was entered under economic duress and properly avoided by the defendant, 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; summary judgment refused.

Orders

  • Defendant to pay £29,000 into court to abide events.
  • Costs reserved to trial judge.