03 September 2009
Jim Ennis Construction Limited v Premier Asphalt Limited [2009] EWHC 1906 (TCC); [2009] All ER (D) 29 (Aug)
In a case where an original claim for a dispute was statute barred by virtue of the Limitation Act 1980, the unsuccessful party to an adjudication was not time barred from bringing a claim to recover monies paid subsequent to the adjudicator’s award so there was an implied term that a new cause of action arose on the adjudicators decision permitting the losing party to seek final determination of the dispute by way of legal proceedings.
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