Adjudication Cases

Fri, 26th February 2010

Sg South Ltd V Swan Yard (Cirencester) Ltd

The adjudicator had jurisdiction to make his decision despite there having been no written contract by reason of the parties’ exchanges in the adjudication and/or the court proceedings amounting to an exchange of written submissions under section 107(5) of the Construction Act

more >

Thu, 25th February 2010

Speymill Contracts Ltd V Baskind

It was not the case that the adjudicator in coming to his decision disregarded a material consideration, namely the allegation of theft by the contractor, or failed properly to address that issue

more >

Wed, 24th February 2010

Amec Group Ltd V Thames Water Utilities Ltd

Principles relevant to the interplay between adjudication and the rules of natural justice set out by Coulson J

more >

Mon, 22nd February 2010

Forest Heath District Council V Isg Jackson Ltd

The circumstances in which it might be appropriate for the court to make a declaration under the Part 8 procedure with particular reference to a declaration in relation to adjudication

more >

Fri, 29th January 2010

Banner Holdings Ltd V Colchester Borough Council

The approach to be adopted if a term of a construction contract does not comply with the adjudication or payment provisions required by the Construction Act

more >

Fri, 22nd January 2010

Rok Building Ltd V Celtic Composting Systems Ltd (Part II)

The contractor’s contention that the adjudicator acted in breach of the rules of natural justice by reaching a decision contrary to the overwhelming weight of evidence and by wrongly failing to apply the “slip” rule to correct the errors in his decision pointed out by it should be rejected

more >

Thu, 21st January 2010

Supablast (Nationwide) Ltd V Story Rail Ltd

The contractor’s contention that there were two sub-contracts should be rejected with the result that the adjudicator’s decision awarding the sub-contractor a specified sum should be enforced by summary judgment

more >

Wed, 6th January 2010

Shaw V MFP Foundations & Piling Ltd

The statutory demands made by the contractor against the homeowners in respect of the sum which the adjudicator directed the homeowners to pay the contractor should be set aside

more >

Wed, 23rd December 2009

RWE Npower Plc V Alstom Power Ltd

The contract precluded a set off from being raised against the sum awarded to the contractor by the adjudicator so that the employer was not entitled to set off its claim for liquidated damages where that claim was assumed to be bona fide, arguable and capable of operating as a set off

more >

Tue, 22nd December 2009

Jacques V Ensign Contractors Ltd

An adjudicator was not in breach of the rules of natural justice if the decision did not address each and every aspect of the evidence adduced by the parties

more >

Fri, 18th December 2009

O'Donnell Developments Ltd V Buildability Ltd

The adjudicator's application of the slip rule to correct the accidental error in his decision was made within his jurisdiction and the court could not and should interfere with it and even if the court could interfere, the error was an "inadvertent slip" and should not be interfered with

more >

Wed, 9th December 2009

Anglo Swiss Holdings Ltd v Packman Lucas Ltd

The proceedings brought by the clients against the consultant in which they claimed the sums directed by the adjudicator to be paid by them to the consultant should be stayed until the clients paid those sums

more >

Mon, 7th December 2009

Fenice Investments Inc V Jerram Falkus Construction Ltd

The employer should pay the costs of the Part 8 proceedings brought by it for declarations as to the true construction of the contract’s payment mechanisms on the standard basis and the costs of the contractor’s Part 7 proceedings to enforce the adjudicator’s on an indemnity basis

more >

Wed, 2nd December 2009

Enterprise Managed Services Ltd V Tony Mcfadden Utilities Ltd

If the adjudicator had taken more of a grip on the adjudication process (as he should have done), it was likely that he would have concluded that the adjudication could not be properly or fairly progressed and that the right course of action was for him to resign

more >

Fri, 20th November 2009

Jim Ennis Construction Ltd V Combined Stabilisation Ltd

The sub-sub-contractor remained bound by the final account agreement despite the sub-contractor having wrongly withheld the sum of the sum of £7,362 from the payment of £142,901 towards the agreed final account sum of £707,500 in breach of that agreement

more >

Tue, 17th November 2009

Allied P & L Ltd v Paradigm Housing Group Ltd

Statements of principle by Akenhead as to whether a dispute or difference capable of being referred to adjudication had arisen and as to a responding party challenging the adjudicator's jurisdiction in court enforcement proceedings by reserving its position in the adjudication

more >

Thu, 12th November 2009

Coventry Scaffolding Company (London) Ltd V Lancsville Construction Ltd

Akenhead J's guidance to practitioners seeking to enforce adjudicators' decisions where the defendant did not participate in court enforcement proceedings actively or at all

more >

Wed, 4th November 2009

Southern Electric Contracting Ltd V Mead Realisations Ltd

The defendant should pay the claimant's legal costs of the court enforcement proceedings to enforce the adjudicator's decision, which costs should not be confined to the (£100) fixed costs for such proceedings and instead should be assessed summarily

more >

Fri, 30th October 2009

Rok Building Ltd V Celtic Composting Systems Ltd (Part I)

The sum allowed by adjudicator's decision should be enforced by its payment by the contractor without any set off within 14 days of the date of the court hearing

more >

Thu, 29th October 2009

SG South Ltd v King’s Head Cirencester LLP

Considerations as to whether and in what circumstances fraud or deceit was or might be a defence in adjudication proceedings and in court proceedings for the enforcement of adjudicators’ decisions

more >