Tara Engineering v Moorfield Developments
Citation: 46 BLR 72
Nature of case:
Moorfield engaged Tara under the contractual terms of the ICE Conditions Fifth Edition. Moorfield contended that it had initiated the machinery of Clause 63 of ICE which entitled it to expel Tara from the site. Tara obtained an ex parte injunction restraining Moorfield from doing so and Moorfield applied for that order to be discharged and for an order that Tara’s licence to occupy the site should be revoked. Tara contended that the contractual provisions mandatorily required Clause 63 to be preceded by Clause 39. The court held that in order for a termination to take place under clause 63(1)(c) of ICE it was not necessary for the employer to first demonstrate that the engineer had acted under clause 39 ICE.
