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Court of appeal rules dispute resolution procedure unenforceable

https://www.promediate.co.uk/dispute-resolution-process-unenforceable/


In the case of Kajima Construction Europe (UK) Ltd & Anor v Children’s Ark Partnership Ltd [2023] EWCA Civ 292 (17 March 2023) the Court of Appeal dealt with a case where a party to a PFI contract had issued court proceedings without following the dispute resolution procedure in the contract first, which the Court found was a condition precedent to issuing proceedings


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