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You are here: BAILII >> Databases >> England and Wales High Court (Technology and Construction Court) Decisions >> Gipping Construction Ltd v Eaves Ltd [2008] EWHC 3134 (TCC) (11 December 2008) URL: https://www.bailii.org/ew/cases/EWHC/TCC/2008/3134.html Cite as: [2008] EWHC 3134 (TCC) |
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QUEEN'S BENCH DIVISION
TECHNOLOGY & CONSTRUCTION
COURT
B e f o r e :
____________________
![]() ![]() ![]() ![]() ![]() | Claimant | |
- and - | ||
![]() ![]() ![]() | Defendant |
____________________
Official Shorthand Writers and Tape Transcribers
Quality House, Quality Court, Chancery Lane, London WC2A 1HP
Tel: 020 7831 5627 Fax: 020 7831 7737
THE DEFENDANT (represented by Mr. Eaves)
appeared in person
via
telephone conference.
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
MR. JUSTICE AKENHEAD:
timber-framed bungalows. By a written contract in the JCT 1998 edition of the Prime Cost Contract, incorporating amendments 1 to 5, Eaves
employed
Gipping
to build the bungalows. Disputes arose between the parties as to whether the bungalows were complete and free of defects and whether, and, if so, what sums were due to
Gipping.
As
Gipping
was entitled to do, it referred the disputes to adjudication and Mr. Peter Barnes was duly appointed as adjudicator.
Gipping
was represented by claims consultants whilst
Eaves
was represented by its directors.
"1. [Gipping]
shall as soon as practicable after receipt of this order serve upon [
Eaves]
the claim form and response back, this order and [
Gipping's]
application pursuant to Part 24 and [
Gipping's]
evidence in support".
Time for acknowledgement of service was abridged to five days and it was ordered that the Part 24 application -- that is the summary judgment application which I am hearing today -- will be heard on 27th November at St. Dunstan's House in the Technology & Construction
Court in London.
"The defendant has had the benefit of taking legal advice since the last hearing and has accepted that judgment be entered in effect for the sums claimed".
"A party must comply with the judgment or order for the payment of an amount of money, including costs, within 14 days of the date of judgment or order unless,
(a) the judgment or order specifies a different date for compliance, including specific payment by instalments".