In Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823 (21 June 2022), the Court of Appeal overturned the judgment in Toppan Holdings Ltd and another v Simply Construct (UK) LLP [2021] EWHC 2110 (TCC), finding that the Collateral Warranty could be a “construction contract” in accordance with section 104(1) of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), which gave the parties a right to adjudicate. Sam Moore and Alex Gormally have prepared an article which can be accessed here.
