Newfield Construction Ltd. v Tomlinson & Anor, Court of Appeal - Technology and Construction Court, November 10, 2004, [2004] EWHC 3051 (TCC)

Extract

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Newfield Construction Ltd. v Tomlinson & Anor, Court of Appeal - Technology and Construction Court, November 10, 2004, [2004] EWHC 3051 (TCC)

HT No: 04-220

Neutral Citation Number: [2004] EWHC 3051 (TCC)

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

TECHNOLOGY AND CONSTRUCTION COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 10.11.04

IN THE MATTER OF The Arbitration Act 1996

and

IN THE MATTER OF AN ARBITRATION

Before :

HIS HONOUR JUDGE PETER COULSON Q.C.

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Between :

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Mr Alexander Nissen(instructed by Shadbolt & Co.) for the Claimant

Mr T.O. Trotman (instructed by Anthony J. Dewhurst) for the Defendants

Hearing date : 15.10.04

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Judgment

HIS HONOUR JUDGE PETER COULSON Q.C:

[1] INTRODUCTION

1. Pursuant to a Written Agreement (``the Agreement) dated 7th May 2002, Mr and Mrs John Tomlinson (``the Tomlinsons'') agreed to sell their house at 255 Inner Promenade, Fairhaven, Lytham St. Annes, to Newfield Construction Ltd., (``Newfield'') for £820,000 together with a possible share in a part of the profits of the wider development scheme to be carried out by Newfield at the Inner Promenade, known as Ribble Point. Before the development had been completed, the parties fell out as to the precise mechanism by which those shared profits would be calculated and, in November 2003, pursuant to Clause 22 of the Agreement, the Tomlinsons commenced Arbitration proceedings, seeking a Declaration as to the true construction of the relevant terms of the Agreement.

2. Mr Paul Jensen, the well-known construction arbitrator and adjudicator, was appointed as the Arbitrator. Following a preliminary meeting on 14.1.04 and a dispute as to his jurisdiction, the Tomlinsons served an Amended Statement of Case (``ASOC'') on 12.3.04 in accordance with the Arbitrator's ruling and Order for Directions of 27.2.04. Newfield's Defence was drafted by Mr Derek Pye, an arbitrator and construction claims consultant, and was served on 6.4.04. The Reply was served on 26.4.04. There was a Hearing before the Arbitrator on 7.5.04, at which the Tomlinsons were represented by Mr T.O. Trotman of Counsel, who also appeared on their behalf in this Court. Newfield were represented at that Hearing by Mr Pye.

3. On 26th May 2004, the Arbitrator produced his First Partial Award, in which he declared the true mea...

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