CHILDREN'S ARK PARTNERSHIPS LIMITED

Children's Ark Partnerships Limited (CAPL) entered into a PFI Project Agreement with the Brighton and Sussex University Hospital NHS Trust (the Trust) to design, build and finance the redevelopment of the Royal Alexandra Hospital for Sick Children in Brighton (the Hospital). On the same date CAPL entered into a sub-contract with Kajima Construction Europe (UK) Limited and Kajima Europe Limited to design and build the Hospital (the Construction Contract). CAPL was involved in a dispute with Kajima regarding the enforceability of the Dispute Resolution Procedure (DRP) in the Construction Contract. The DRP required disputes to be referred to the Liaison Committee. The courts found that the DRP was not sufficiently clear and certain to be enforceable.