NEC Case Law, Clause by Clause · Lesson 2 of 4
What the court decided
Why it matters
Leila wants to cite UK Grid Solutions, but what did the court decide?
Did the court decide the point, or only enforce a decision?
- GBP 56,000and 9 days in dispute on CE014, a compensation event.
- 5 Aug 2026Leila Moss, Merrow Vale's commercial manager, reads UK Grid Solutions (2024).
Source: Module 0. Module 9.
The rule
Only the reasoning the decision needed binds a later court
This course writes the court held for a decision and the judge said for a remark.
The court held
The ratio: the reasoning the decision needed. It can bind.
The judge said
Obiter: any other remark. It may persuade, but binds nobody.
Source: Module 0.
The rule
The kind of hearing tells you what the court could decide
Many NEC cases in the TCC only enforce an adjudicator's decision. They do not say who was right.
| Topic | What the court decides |
|---|---|
| Trial | The facts and the law, after evidence |
| Appeal | Whether the court below was right |
| Part 8 claim | What the words mean, on facts nobody disputes |
| Enforcement | Jurisdiction and fairness only, not whether the adjudicator was right |
| Interim application | Whether a case is arguable until trial |
Source: Module 0.
The rule
Premier Modular refused enforcement and decided nothing about the programme
TCC, 10 June 2026, a summary judgment application. Predict each answer, then tap.
Did the court enforce the adjudicator's decision?
Did it decide which programme was the Accepted Programme?
Source: ECC 11.2(1). Premier Modular v Maidstone and Tunbridge Wells NHS Trust (2026).
See it on the project
Leila labels UK Grid Solutions background only on assessment
Decide Leila's label before you tap.
Assessed delay as at when the Project Manager should have asked for quotations.
Enforced his decision. It did not decide how to assess.
Leila must label it. Holding, remark or background only?
Source: Module 0. Module 9. UK Grid Solutions v Scottish Hydro Electric Transmission (2024).
Try it
Sort each point by what the court did with it
Each answer names the module that teaches the case.
…
The court held
- Costain v Bechtel (2005), an interim application: a duty to act impartially is properly arguable
- Premier Modular (2026): the adjudicator's decision is not enforced
- Dynniq v Lancashire (2017), a Part 8 claim: what the Price List notes meant
A judge only said
- WSP Cel v Dalkia (2012): compensation events keep their W1 time limits when rolled into one end-of-job dispute
Not decided
- Premier Modular (2026): which programme was the Accepted Programme
- UK Grid Solutions (2024): how to assess the delay events
Source: Module 0. Modules 3, 9, 11 and 13.
Recap
Say what the court decided, and label a remark as a remark
The other side will check your labels.
On Monday at work
- Write held or said beside each point you take from a case.
- Check the kind of hearing before you cite a holding.
- Never cite an enforcement decision for what a clause such as 63.1 means.
In the Toolkit: NEC4 Contract Checklists (ECC and ECS) (Excel) Members
Independent course material. It is not published or endorsed by NEC, and it is not legal advice. Clause references are to the NEC4 Engineering and Construction Contract, June 2017 with amendments January 2023. Cases decided under an earlier edition are matched to the NEC4 clause that does the same job. The worked examples and their people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.
Source: Module 0.
Go deeper (optional)
Where to see each kind of hearing in this course
Skip it if you are short of time.
A trial and an appeal?
A challenge to an arbitrator's award?
Is a remark worth nothing?
Source: Module 0. Modules 4, 5 and 8.