Case in focus: Ove Arup & Partners International Ltd vs Coleman Bennett International Consultancy plc

By Ted Lowery2019-03-14T06:00:00

Ted Lowery considers an enforcement and why one party’s jurisdictional challenges were precluded

The facts

During April 2016 Coleman Bennett International Consultancy (CBI) engaged Arup to provide engineering services on a feasibility study for a hyperloop transport link between Manchester and Leeds. The hyperloop project was being promoted by Direct Cities Network (DCN). The contract sum was £350,000 plus VAT and in May 2016 CBI paid the first instalment of £75,000.

On 11 October 2016 DCN acknowledged a debt of £350,000 for work undertaken by Arup but asked for time to pay. DCN offered £75,000 in 30 days, another £75,000 within three months and the balance to follow according to cash availability. In the event no further payments were made and during September 2018 Arup commenced adjudication.

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