Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] EWCA Civ 1358 (16 November 2005)

Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] EWCA Civ 1358 (16 November 2005)

The adjudicator acted within jurisdiction as the dispute referred included the determination of target cost and related sums due; there was no serious breach of natural justice as both parties had full opportunity to present their cases and the adjudicator's reasons were sufficient. The decision is enforceable by summary judgment.

Citation
[2005] EWCA Civ 1358
Parties
Claimant/respondent: Carillion Construction Limited; Defendant/appellant: Devonport Royal Dockyard Limited
Jurisdiction
England and Wales
Judgment Date
16 November 2005
Procedural Posture
Appeal (from Summary Judgment and Declaratory Relief) / Court of Appeal Judgment on Appeal From Technology and Construction Court
Outcome
Appeal dismissed; summary judgment for Carillion Construction Limited enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice in Adjudication, Summary Judgment, Interpretation of Construction Contracts
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice in Adjudication Summary Judgment Interpretation of Construction Contracts

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Parties

Carillion Construction Limited

Claimant/respondent

Devonport Royal Dockyard Limited

Defendant/appellant

Procedural Posture

Appeal (from Summary Judgment and Declaratory Relief) / Court of Appeal Judgment on Appeal From Technology and Construction Court

Legal Issues

  1. 1 Whether the adjudicator exceeded jurisdiction in determining target cost
  2. 2 Whether the adjudicator's decision was reached in breach of natural justice
  3. 3 Whether the adjudicator's award of interest was within jurisdiction

Ratio Decidendi

The adjudicator acted within jurisdiction as the dispute referred included the determination of target cost and related sums due; there was no serious breach of natural justice as both parties had full opportunity to present their cases and the adjudicator's reasons were sufficient. The decision is enforceable by summary judgment.

Court Disposition

Appeal dismissed; summary judgment for Carillion Construction Limited enforced.

Orders

  • Summary judgment for Carillion Construction Limited in the sum of £12,376,454.54 inclusive of interest and VAT, to be paid by Devonport Royal Dockyard Limited by 10 May 2005.
  • DML's application for declarations dismissed.