Cases - Carillion Construction Ltd. v Stephen Andrew Smith
Record details
- Name
- Carillion Construction Ltd. v Stephen Andrew Smith
- Date
- [2011]
- Citation
- EWHC 2910
- Legislation
- Keywords
- Adjudication - same dispute
- Summary
-
Stephen Andrew Smith carried out works for Carillion. A dispute arose over payment for loss and expense and extensions of time and that dispute was referred to adjudication. Mr Smith was not as successful in that adjudication as he had wished. Mr Smith alleged that key documents had been withheld by Carillion. Mr Smith subsequently prepared a much better case with this new evidence which he sought to refer to adjudication on the basis that it was a different dispute.
Subsequent disputes that involve considerably different evidence may still be substantially the same dispute. Claimants only get one opportunity to refer a dispute to adjudication. If they waste this opportunity by presenting an inadequate case they may not be able to refer the dispute again even with substantially different evidence.