Citation: CILL 2189 TCC
Nature of case: This decision has attracted considerable interest because of the “seven propositions” by which the dispute/no dispute issue is to be decided for the purposes of ICE 5th Clause 66. The “Thelwall Viaduct” case, as it is known, also concerns the scope of the engineer’s decision-making jurisdiction. Permission was granted to appeal to the Court of Appeal (see below). Note that the decision expressly relates adjudication cases to arbitration.
See other reports: [2005] 1 WLR 2339 CA [2005] Con LJ Vol.21 No.8 p.640 CA [2005] 101 Con LR 26 CA [2005] CILL 2228 and [2005] BLR 227 CA
