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Vital Court Victory delivered by Currie & Brown team

20-Feb-2009

The case involved a complex dispute between Bell Group, the UK's largest independent commercial and industrial painting firm, and facilities service company Dalkia. The dispute concerned payment for repair and painting works at 143 railway stations and 22 footbridges across the UK.

Currie & Brown’s Contract Advisory team, led by Director Edward McCluskey, successfully represented Bell Group during the adjudication case. In an unusual step, during proceedings, Dalkia put the case forward to the English Technology and Construction Court in an attempt to prevent Bell Group pursuing their claim in the adjudication.

As the case escalated to that court, Currie & Brown recommended an expert legal team led by Michael Black QC and the law firm Nabarro to represent Bell Group in court proceedings.

And within a seven day period – including two days of court hearings – Dalkia's proceedings were thrown out by the court, with a substantial costs order awarded in favour of Bell Group.

Currie & Brown and the legal team subsequently secured an award from the adjudicator, granting Bell Group all of its substantive claims, together with associated costs incurred in the adjudication process, and a punitive interest award. The total awarded was £300,000.

Currie & Brown’s Director for Contract Advisory Services in Dubai, Edward McCluskey said: "This was a resounding victory for Bell Group and the C&B team in what was a very demanding and complex case. This case was particularly unusual in that the adjudicator’s jurisdiction was challenged in court at such a late stage during the process."

He added: "This result reinforces Currie & Brown's ability to steer a complex case through adjudication proceedings and in our ability to recommend the right legal team to deliver a successful outcome for our clients."

Bell Group managing director Ian Henderson said: "We appointed Currie & Brown after our negotiations had failed with Dalkia, and were impressed by their determination and by the speed with which they got to grips with such a complex case. We are also grateful to Michael Black QC and Nabarro for their work on our behalf."

ENDS

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