Londonderry Port and Harbour Commissioners v WS Atkins Consultants Ltd and Charles Brand Ltd
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2011 |
| Neutral Citation | [2011] NIQB 74 |
| Date | 27 July 2011 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2011] NIQB 74 Ref:
WEA8259
Judgment: approved by the Court for handing down Delivered:
27/07/2011
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHEN IRELAND
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QUEENS BENCH DIVISION (COMMERCIAL)
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THE LONDONDERRY PORT AND HARBOUR COMMISSIONERS
Plaintiff
-v-
W S ATKINS CONSULTANTS LIMITED
and
CHARLES BRAND LIMITED
Defendants
________
WEATHERUP J
[1] This is an application by the first defendant for a stay of proceedings
pursuant to section 9 of the Arbitration Act 1996 and that the dispute which is
the subject matter of this action be determined by arbitration. Mr Lockhart
QC appeared for the first defendant and Mr Humphreys for the plaintiff.
[2] The action is brought by the plaintiff as owner and occupier of
Londonderry Port and Harbour. The first defendant provides design and
consultancy services to the construction industry. The second defendant is a
construction contractor. The Statement of Claim pleads that the plaintiff
engaged the first defendant on 17 February 2000 to provide design and
consultancy services, prepare tender documentation and manage the tender
process for the construction of a proposed new quay extension at the port.
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2 cases
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Amoe Pte Ltd v Otto Marine Ltd
...Pte Ltd [2008] 4 SLR (R) 460; [2008] 4 SLR 460 (folld) Londonderry Port and Harbour Commissioners, The v W S Atkins Consultants Ltd [2011] NIQB 74 (folld) Parker, Gaines & Co Ltd v Turpin [1918] 1 KB 358 (refd) Arbitration Act (Cap 10, 2002 Rev Ed) s 6 (1) (consd) Rules of Court (Cap 322, R......
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Amoe Pte Ltd v Otto Marine Ltd
...of the right to seek a stay. In The Londonderry Port and Harbour Commissioners v W S Atkins Consultants Limited and Charles Brand Limited [2011] NIQB 74 (“Londonderry”), the first defendant there had been served with a writ of summons but did not file a defence. Instead it made requests for......